IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20389 of 2025 Arising Out of PS. Case No.-31 Year-2017 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Awdhesh Lal Rai @ Achchnelal Rai @ Awdhesh Rai S/o Bindeshwar Rai @ Binda Rai Resident of village-Chandan Bakhari, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s Versus 1. The State of Bihar 2. Samda Khatoon D/O- Md. Naim w/o- Md. Jasim, vill- patiyasha, ps- ahiarpur, dist.- muzaffarpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mrs. Vaishnavi Singh, Adv. Mr. Ritwik Thakur, Adv. For the Opposite Party/s : Mr. J.N. Thakur, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 5 13-08-2025 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. 2. The petitioner is seeking regular bail in connection with Mahila P.S. Case No. 31 of 2017, registered for the offences punishable under Sections 376/34 of the Indian Penal Code. 3. According to allegation, three accused persons committed rape upon the victim. 4. Learned counsel for the petitioner has submitted that the victim has named only one co-accused and not the petitioner. It has also been submitted that the allegation was not corroborated by the medical report. Co-accused Sah Alam, on Patna High Court CR. MISC. No.20389 of 2025(5) dt.13-08-2025 2/2 exactly similar footing, has been granted bail by a co-ordinate Bench of this Court. The petitioner has remained under custody since 28.01.2025. 5. Mr. J.N. Thakur, learned Additional Public Prosecutor has opposed the prayer for bail. 6. The victim’s statement recorded under Section 164 of the CrPC did not name the petitioner, whereas she named one of the co-accused persons. The medical examination does not corroborate the allegation. 7. Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court-III, POCSO, Muzaffarpur in connection with Mahila P.S. Case No. 31 of 2017, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. Nirmal/- (Nawneet Kumar Pandey, J) U T