Rahul Yadav @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55994 of 2025 Arising Out of PS. Case No.-57 Year-2024 Thana- MAHILA P.S. District- Siwan ====================================================== 1.

Rahul Yadav @ Rahul Kumar S/o Jawahir Yadav R/o Village - Jiyay Ahir Tola, P.S - Siwan Mufasil, District - Siwan 2.

Sunil Yadav @ Sunil Kumar S/o Jawahir Yadav R/o Village - Jiyay Ahir Tola, P.S - Siwan Mufasil, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners who apprehend arrest in connection with Mahila Thana Siwan P.S. Case No. 57 of 2024 lodged on 17.06.2024, for the offences punishable under sections 376, 313, 354, 323, 341, 504, 506, 34 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the F.I.R. has been lodged against five named accused persons, including the petitioners, alleging that accused no. 1, on the pretext of marriage, drive the informant from her house along with cash and jewellery, and thereafter forcibly established physical relations with her, as a result of which she became pregnant, which was subsequently terminated. It is further alleged that all

Patna High Court CR. MISC. No.55994 of 2025(2) dt.27-08-2025 2/2 the accused persons also assaulted the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. From the very contents of the F.I.R., it is evident that the allegations of rape and termination of pregnancy are specifically against accused no. 1 and not against the petitioners. It is further submitted that the petitioners have no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- ₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned Judicial Magistrate 1st Class, Siwan, in connection with Mahila Thana Siwan P.S. Case No. 57 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T