Patna High CourtCR. MISC./77176/2025bail granted

Pawan Kumar v. The State Of Bihar

2026-02-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77176 of 2025 Arising Out of PS. Case No.-46 Year-2022 Thana- MAHILA PS District- Khagaria ====================================================== Pawan kumar Son of Abodh Mandal R/o Village - Nayagaon, Godhiyari, P.S. - Parbatta, Dist. - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanshu Ranjan For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.Tr. No. 655 of 2023 arising out of Mahila P.S. Case No. 46 of 2022 registered for the offence under Sections 448, 452, 376, 323 of the Indian Penal Code.

3. As per the prosecution case, the victim was raped by the petitioner on gun point.

4. The petitioner is in custody since 29.05.2023.

5. It has been submitted by the learned counsel for the petitioner that the husband of the victim was staying outside and she was in relationship with the petitioner but after seen by somebody, this false allegation has been made against the petitioner.

Patna High Court CR. MISC. No.77176 of 2025(3) dt.11-02-2026 2/2

6. Learned counsel for the petitioner further submits that out of six charge-sheeted witnesses, four witnesses including one non charge-sheeted witness have already been examined but now the informant and one Rishi Kumar are not appearing and the trial is being delayed.

7. Considering the period of custody of the petitioner and the delay in the trial, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-1st, Khagaria/concerned Court below in connection with S.Tr. No. 655 of 2023 arising out of Mahila P.S. Case No. 46 of 2022.

9. As a condition of this order, the petitioner, after being released on bail, is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U