Rambabu Mahto @ Nanhak Mahto @ Maruti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87296 of 2025 Arising Out of PS. Case No.-580 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Rambabu Mahto @ Nanhak Mahto @ Maruti S/o Ramlal Mahto R/o VillageMadhopur, Ward No.04, P.S- Majhauliya, Dist- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate Mr. Sitesh Kashyap, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 64(1) of BNS.

3. The case of the prosecution is that on 27.08.2025 at 11 PM, when the informant has gone to ease herself in sugarcane field, the petitioner who was already there, has committed rape with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that during course of investigation the informant has given her statement recorded under Section 180 of BNSS wherein she has stated that she was

Patna High Court CR. MISC. No.87296 of 2025(3) dt.11-02-2026 2/3 having relationship with the petitioner but on the fateful day, the rape was committed by the petitioner with her. In her statement recorded under Section 183 of BNSS, she has stated that at 12 AM, she has gone to ease herself and this petitioner caught her. It is further stated that by her that after that, the petitioner committed rape with her. Learned counsel has further submitted that from perusal of the medical report, it is clear that the doctor has not found any injury on her private parts rather one injury which is an oblique injury/scar present below left eye measuring approx 1-2 cm and the doctor has opined that the possibility of sexual intercourse can't be ruled out.

Leaned counsel has further submitted that as per the case of the prosecution, the informant has gone in the sugarcane field and the injury which has been found below left eye may be of the leaves of sugarcane. It has further been submitted that parties have compromised the case and parties have also filed compromise petition in the learned trial court. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.08.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.87296 of 2025(3) dt.11-02-2026 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Majhauliya P.S. Case No. 580 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran.

(Ashok Kumar Pandey, J) Shubham/- U T