Aashique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68844 of 2025 Arising Out of PS. Case No.-248 Year-2025 Thana- ARARIA District- Araria ====================================================== Aashique S/O M Isteyaque R/O Bangama, Islampur, Ward no. 9, P.S.- Araria, Dist. Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Maya Devi W/O Prakash Goswami R/O Bangama, Islampur, Ward no. 9, P.S.- Araria, Dist. Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate Mr. Madan Mohan For the Opposite Party/s :

Mr.Choubey Jawahar Mr. Rohit Kumar Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-03-2026 Heard the learned counsel for the petitioner, the learned APP for the State, and the learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Araria P.S. Case No. 248 of 2025 registered for the offence under Section(s) 70(2) of the BNS and Section 6 of the POCSO Act.

3. As per the prosecution case, two persons including the petitioner are accused of committing rape with the victim.

Patna High Court CR. MISC. No.68844 of 2025(3) dt.25-03-2026 2/3 The petitioner is in custody since 30.06.2025.

4. Learned counsel for the petitioner submits that a title suit is going on between the petitioner's family and the victim's family and because of the same, this false case has been filed. He further submits that from the medical report it will appear that the alleged victim was examined on the same day but no external injury and no sign of rape has been found on the body of the victim.

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

6. Considering the fact that a title suit is going on between the parties and the fact that the medical report doesn't support the prosecution case and also the period of custody, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Araria P.S. Case No. 248 of 2025 subject to conditions that the petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in

Patna High Court CR. MISC. No.68844 of 2025(3) dt.25-03-2026 3/3 the trial shall result in cancellation of the bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T