Raj Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25683 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== Raj Dubey S/o- Vijay Shankar Dubey @ Mantu Dubey Vill - Ander, Gherai, PO- and PS - Ander, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Dubey, Adv.

For the O.P. No. 2 : Ms. Manju Sharma, Adv. For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mairwa P.S. Case No. 61 of 2025 dated 12.02.2025 registered for the offences punishable u/s 64(1) of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant. It is further alleged that when the informant raised alarm then some local person gathered there who informed police and then police came there and took them to the police station.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the victim is a major girl. Learned counsel has further submitted that medical report does not support the prosecution case. As per the medical report of the victim, there is no

Patna High Court CR. MISC. No.25683 of 2025(2) dt.06-05-2025 2/2 any recent evidence of sexual and physical assault. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.02.2025.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Mairwa P.S. Case No. 61 of 2025 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T