IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20224 of 2026 Arising Out of PS. Case No.-96 Year-2025 Thana- TARABARI District- Araria ====================================================== Abit @ Abid S/o Late Tajuddin Resident of Village- Jhamta, Ward No. 11, P.S.- Tarabari, District- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhav Raj, Advocate Mr. Vikas Kr. Jha, Adv. Mr. Abhinav Kr. Adv. For the Opposite Party/s : Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending arrest in connection with Tarabari P.S. Case No. 96 of 2025, dated 30.10.2025, lodged under Sections 126(2), 115(2) and 64 of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”). 3. As per the prosecution, FIR has been lodged against the present petitioner, who is alleged to be the brother- in-law (devar) of the informant. The informant has made allegation against him that he committed rape upon her. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that from the contents of the FIR, it transpires Patna High Court CR. MISC. No.20224 of 2026(3) dt.07-05-2026 2/3 that the informant is the sister-in-law (bhabhi) and the accused is the brother-in-law (devar). Counsel further submits that a heated discussion took place between them only on the issue that the children of the family should not go outside at night. Counsel further submits that the alleged occurrence, as mentioned in the FIR, took place on 27.10.2025, but the FIR has been lodged after a delay of 3 days. Counsel further submits that on the previous occasion, the case diary was called for along with the medical report, from which it becomes clear that the petitioner is innocent. 5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the prosecutrix has made allegation against the petitioner of rape and such allegation cannot be ignored. However, he also submits that the case diary has been called for and upon perusal of the same, in which the medical report is available, it is clear that the occurrence is alleged to have taken place on 27.10.2025 and the medical report has been prepared on 31.10.2025. The report indicates that no sign of fresh sexual assault was detected as per the physical findings. 6. It transpires to this Court from the statements of the witnesses, as mentioned in paragraph nos. 58 and 59, that a Patna High Court CR. MISC. No.20224 of 2026(3) dt.07-05-2026 3/3 heated discussion took place between the informant (bhabhi) and petitioner (devar), but no such occurrence took place as mentioned in the FIR. 7. Considering the facts and circumstances of the present case, as well as upon perusal of the statements of the eye-witnesses and the medical report, this Court finds that there is doubt regarding the allegation. As such, let the above-named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of J.M., 1st Class, Araria, in connection with Tarabari P.S. Case No. 96 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. Aman Kumar/- (Dr. Anshuman, J.) U T