IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53741 of 2025 Arising Out of PS. Case No.-88 Year-2024 Thana- Narhiya District- Madhubani ====================================================== Ajay Kumar S/o Rajpati Shah R/o Vill- Gangapur, Lutan Tola, P.S.- Ratwara, Distt- Madhepura, Bihar ... ... Petitioner/s Versus 1. The State of Bihar 2. Ms.X aged about 26 years(female) daughter of Nageshwar yadav R/o- Ghutiya Shyampur, P.s.-Rajaun Dist- Banka ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha, Adv. For the State : Mr.Sangeeta Sharma, APP For the Informant : Mr. Abhigyan Kumar, Adv. Mr. Nitesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 17-10-2025 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 Narahia P.S. Case No. 88 of 2024, registered for the offences punishable under Sections 64, 70(1) and 3(5) of the BNS. 3. As per allegation, the petitioner and co-accused Pappu Kumar Yadav committed rape upon her. 4. The learned counsel for the petitioner has submitted that the statement of the victim recorded under Section 164 of the CrPC is entirely different from her fardbeyan. In her fardbeyan, she stated that she was in contact with the petitioner for three years. The petitioner brought her in a four-wheeler and co-accused Pappu Kumar Yadav was also accompanying the petitioner. After crossing the border, they entered the territory of Nepal, where the Patna High Court CR. MISC. No.53741 of 2025(3) dt.17-10-2025 2/3 accused persons committed rape upon her. 5. Contrary to her fardbeyan in her statement under Section 164 of the CrPC, she stated that she had some troubles in her eyes and for medial treatment, she went with the petitioner and co-accused Pappu Kumar Yadav committed rape upon her. 6. On the other hand, the learned counsel for the informant has opposed the prayer for bail. 7. Considering the above-mentioned facts and circumstances, especially the fact that co-accused Pappy Kumar Yadav has been granted bail, 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 ACJM, Jhanjharpur, Madhubani in connection with Narahia P.S. Case No. 88 of 2024, 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. 8. Before accepting the bail bond, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any other case except the present one, his bail bond shall be cancelled. 9. The petitioner will appear on each and every Patna High Court CR. MISC. No.53741 of 2025(3) dt.17-10-2025 3/3 date fixed by the court and if he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner. Nirmal/- (Nawneet Kumar Pandey, J) U T