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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70408 of 2025

Arising Out of PS. Case No.-71 Year-2025 Thana- BARSOI District- Katihar

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Rishu Babu @ Md. Rais S/O Md. Sahroj Resident of Vill.- Simalbari, Ward

No. 10, P.S.- Rauta, Dist.- Purnea

... ... Petitioner/s

Versus

1. The State of Bihar

2. Suma Devi W/O Sachida Nand Rai R/O Vill.- Golanda, P.S.- Sudhani, Dist.-

Katihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Md Hussain, Advocate

For the Informant : Mr. Sushanta Kumar Das, Advocate

Mr. Eesha, Advocate

For the State : Mr. Ram Sumiran Rai, APP

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY

ORAL ORDER

4 29-01-2026 Heard learned counsel for the petitioner, learned counsel

for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case

registered for the offence punishable under Sections 137(2), 96 &

64 of the BNS and under Section 6 of the POCSO Act.

3. The case of the prosecution, in short, is that on

15.04.2025 at 04:00 A.M., the informant found that her minor

daughter was not there in her room. After that she started

searching her. During course of search, she found the diary of his

daughter and there she found a mobile number. She went to the

house of friend of her daughter and she came to know that one

Rishu Babu (petitioner) has given his mobile number and the

daughter of the informant was on talking terms with the petitioner.

Patna High Court CR. MISC. No.70408 of 2025(4) dt.29-01-2026

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During course of investigation the victim was recovered and she

has given her statement under Section 183 of the BNSS wherein

she has stated that she was on talking terms with a boy since 2024

through Instagram. His name was Md. Rais a resident of Purnea.

He introduced himself to the victim of this case as Rishu Babu.

After that they started talking. He called her to Barsoi. On

16.04.2025 she went out of her house without informing anyone.

After that, the petitioner took her to Katihar railway station. He

enticed her to follow him and she was brought to Purnea. She was

kept in a rented room. She started living there. It is further alleged

that in that room, the petitioner has established forceful physical

relationship with the victim. Later on she came to know that the

petitioner is Muslim who has introduced himself to her as Hindu.

She has further stated that she was kept in that room for five days.

She called at her house. It is further alleged that the petitioner

dropped her to her house on 23.04.2025.

4. Learned counsel for the petitioner submits that

medical examination of the victim was conducted and from the

medical examination of the victim it is clear that the Doctor

conducting medical examination has opined that age of the victim

is 19-20 years and on external examination no injury was found.

On internal examination (i) Vaginal canal loose (ii) Hymen old and

torn. The Doctor has opined that she has undergone sexual

Patna High Court CR. MISC. No.70408 of 2025(4) dt.29-01-2026

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intercourse. Learned counsel for the petitioner has submitted that it

is a case of affair and as the Doctor has opined that the age of the

victim is 19-20 years; no offence is made out against the petitioner.

Learned counsel for the petitioner has further submitted that the

petitioner is having no criminal antecedent and he is in judicial

custody since 24.04.2025.

5. Learned counsel for the informant is present and he

has vehemently opposed the bail and has stated that the petitioner

has cheated the victim by posing himself as Rishu Babu whereas

his actual name is Md. Rais.

6. Perused the statement of the victim under Section 183

BNSS wherein she has stated that she was subjected to forceful

sexual intercourse but medical examination does not support this

statement of the victim. Medical examination only supports that

there was intercourse with t