##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83565 of 2025

Arising Out of PS. Case No.-248 Year-2025 Thana- SHIVSAGAR District- Rohtas

======================================================

Aun Mohammad S/O Saiyed Karar Hussain @ Sayed Karar Hussain R/O

Village- Pakhnari, P.S- Shivsagar, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr.Ashwani Kumar Tiwary, Advocate

For the Opposite Party/s : Mr.Ramchandra Sahni, APP

For the Informant : Mr. Rajni Kant Singh, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY

ORAL ORDER

3 28-01-2026 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 offences punishable under Sections 191(2), 190,

126(2), 329(24), 74, 115(2), 117(2), 352, 351(c), and 64 of the

Bharatiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that when the father

of the victim was ill, the petitioner started visiting the house of

the informant, and in this manner, a relationship developed

between the petitioner and the informant. The petitioner

promised to marry the informant and, on this promise,

established a physical relationship with her. It is further alleged

that on 27.07.2025, when the family members of the informant

Patna High Court CR. MISC. No.83565 of 2025(3) dt.28-01-2026

2/4

had gone out at about 9:00 P.M., the petitioner forcibly

established a physical relationship with her and assaulted her.

When the informant raised an alarm, her father arrived at home

and was also assaulted by the petitioner. The petitioner also

threatened the informant that he would marry her.

4. Learned counsel for the petitioner submits that the

petitioner is innocent and has been falsely implicated in the

present case. It is further submitted that both the informant and

the petitioner are majors and, from the prosecution story itself, it

is clear that prior to the alleged occurrence, they had a physical

relationship. It is also submitted that from perusal of the medical

examination report placed at page 24 of the brief, it would

transpire that the doctor found nothing conclusive. Moreover,

the petitioner is in judicial custody since 20.08.2025 and has no

criminal antecedents.

5. During the course of investigation, the statement of

the victim was recorded under Sections 180 and 183 of the

BNSS wherein she has supported the case of the prosecution.

From perusal of the medical examination report, it is evident

that an abrasion measuring ¼” × 1⁄6” over the left shoulder and

a bruise measuring 6” × ½” over the anterolateral aspect of the

left thigh, blackish in colour, were found. An old tear of the

Patna High Court CR. MISC. No.83565 of 2025(3) dt.28-01-2026

3/4

hymen was also noted.

6. The opinion of the doctor is peculiar, as the doctor

opined that on the basis of clinical and pathological

examination, it is very difficult to say whether recent sexual

intercourse is to be done or not. However, from the medical

examination report, it is clear that there is evidence of resistance

on the part of the victim, as reflected from the injuries found on

her person.

7. From the first part of the FIR, it is apparent that the

informant had earlier physical relations with the petitioner,

however, as far as the occurrence dated 27.07.2025 is

concerned, the allegation is that the act was committed forcibly.

It is settled law that merely because a man had physical

relations with a woman earlier, it does not give him a perpetual

right to have sexual intercourse with her. Consent is required for

every act. Therefore, the argument advanced by learned counsel

for the petitioner that the parties were in a relationship does not

hold merit.

8. Learned counsel for the informant has vehemently

opposed the prayer for regular bail.

9. Considering the facts and circumstances of the

case, the argum