IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45774 of 2026 Arising Out of PS. Case No.-132 Year-2026 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Rajesh S/o Late Mohan Ram @ Late Mohar Ram Resident of Village- Bhabua, Ward No. 14, P.S.- Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 3 13-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State. 2. Petitioner seeks regular bail in connection with Bhabua P.S. Case No. 132/2026 registered for the offences punishable under Section 64(2) (K) of B.N.S. 3. As per prosecution case, on 12.02.2026 at about 07:00 P.M., while the victim, who is mentally retarded was on rooftop, the petitioner gestured the victim to come down, gave her two bananas and then grabbed her and took her to the school’s rooftop, where he intimated and raped her. Half an hour later during search, a security guard told that he saw the petitioner forcibly taken her away. A milkman then brought her back, saying she was crying near the school. On being asked, she said that the petitioner did wrong with her. School CCTV also revealed that the petitioner was seen taking the victim upstairs to the school, and the school director also identified him. Patna High Court CR. MISC. No.45774 of 2026(3) dt.13-08-2026 2/3 4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has been falsely implicated in this case due to village politics. He next submits that the allegation as alleged in FIR against the petitioner is false and fabricated. He further submits that there is no eye-witness to the alleged occurrence. The victim in her statement recorded under Section 183 B.N.S.S has not disclosed the name of the petitioner. He further submits that the petitioner has got clean antecedent, as per paragraph 3 of the bail application and he is in judicial custody since 13.02.2026, therefore, petitioner deserves regular bail. 5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail and submits that the petitioner has taken advantage of retarded growth of mental state of the victim and had taken her to lonely place and he committed the offence of rape. During investigation CCTV was called which reveals that the petitioner was seen holding the victim and going inside the building of the school where the petitioner is a sweeper. He next submits that the statement of victim recorded under Section 183 of B.N.S.S also supports the prosecution case and the victim in her statement clearly stated that she was subjected to rape and molestation by a person but Patna High Court CR. MISC. No.45774 of 2026(3) dt.13-08-2026 3/3 has not stated the name of the person as she being the mentally handicapped. He further submits that in the impugned order, it has been mentioned that the petitioner has clean antecedent, however, it appears from the paragraph 61 of the case diary that the petitioner has one criminal antecedent registered as Bhabua P.S. Case No. 41/19 for offence registered under Section 37(1) (2) under the Bihar Excise and Prohibition Amendment Act, 2018, and the same was concealed by the petitioner in the Court below as well as in this Hon’ble Court. Hence, the petitioner does not deserve to be enlarged on regular bail. 6. Considering the aforesaid facts and circumstances of the case and also the fact that the alleged victim is mentally retarded and her statement recorded under Section 183 of B.N.S.S also support the prosecution case, therefore, this Court is not inclined to grant bail to the petitioner. 7. Accordingly, the prayer for bail on behalf of the petitioner, is hereby, rejected. 8. However, the learned Trial Court is directed to expedite the trial and conclude the same expeditiously. dhaneshwar/- (Girijish Kumar, J) U T