Pawan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73617 of 2025 Arising Out of PS. Case No.-168 Year-2025 Thana- SURYAPURA District- Rohtas ====================================================== Pawan Choudhary S/O Dhanji Chaudhary R/O Village- Kusumbhara, P.SSuryapura, Distt.- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Krishna Murari, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Suryapura P.S. Case No. 168/2025, registered for the offence under Sections 64, 3(5) of BNS.

3. The accused/petitioner is named in the F.I.R. and is in custody since 19.05.2025.

4. The allegation against the petitioner is to commit rape upon the informant, who is a married lady aged about 20 years on 18.05.2025 at about 4:00 PM in presence of his wife.

5. Learned counsel appearing on behalf of the petitioner submitted that present false implication raised in the background of neighbourhood disputes and differences. It is submitted that by any prudent imagination, it cannot be gathered that petitioner being husband committed rape upon the informant in presence of his wife. It is also submitted that FIR suggest previous

Patna High Court CR. MISC. No.73617 of 2025(2) dt.04-11-2025 2/2 acquaintance between the parties. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of nature of accusation, where allegation of rape alleged to be committed in presence of wife, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 19.05.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Suryapura P.S. Case No. 168/2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Bikramganj, Rohtas/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

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