Arun Kumar Yadav @ Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53331 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Arun Kumar Yadav @ Arun Yadav S/O Devanand Yadav R/O Village- Chakki Nishara ( Chakki Mishara) Ward No. 2, P.S.- Bakhri( Bakhari), DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Bakhri (Bakhari) P.S. Case No. 123 of 2025 registered for the offence under Sections 64(1), 115(2) of BNS.

3. The petitioner is named in the F.I.R. and is in custody since 12.04.2025.

4. The allegation against the petitioner is to commit rape upon the wife of informant aged about 45 years while she went to attend call of nature.

5. Learned counsel appearing on behalf of the petitioner submitted that out of local issues

Patna High Court CR. MISC. No.53331 of 2025(3) dt.17-11-2025 2/3 and differences petitioner was implicated with present case by informant making his wife instrumental. It is submitted that as per statement of victim recorded under Section 183 of BNSS it can be gathered safely that no occurrence as alleged took place with her, where she categorically stated that her husband for nothing lodged a case against this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of statement of victim as recorded under Section 183 of BNSS, where she completely denied the occurrence, coupled with fact that investigation of this case already completed, where petitioner remains in custody since 12.04.2025, accordingly petitioner above

Patna High Court CR. MISC. No.53331 of 2025(3) dt.17-11-2025 3/3 named, is directed to be released on bail in connection with Bakhri (Bakhari) P.S. Case No. 123 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T