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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76355 of 2025

Arising Out of PS. Case No.-31 Year-2024 Thana- MAHILA P.S. District- Muzaffarpur

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Lal Babu Mahto @ Ranjeet Kumar @ Ranjit Kumar S/O Late Ramphal

Mahto R/O Vill.- Ladaura(Ladhauda), P.O- Ladaura Pakri, P.S- Turki (O.P)

Kudhani, Dist.- Muzaffarpur

... ... Petitioner/s

Versus

1. The State of Bihar Bihar

2. X N/A N/A

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Ms. Smiti Bharti, Advocate

For the Opposite Party/s : Mr. Ajit Kumar, APP

For the O.P. No.2 : Mr. Shishir Kumar, Advocate

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

ORAL ORDER

5 30-01-2026 Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the informant.

2. The present application has been filed for renewing

his prayer for bail in connection with Mahila P.S. Case No. 31

of 2024 for the offence under Sections 376 and 506 of Indian

Penal Code and Section 4 and 6 of POCSO Act.

3. The allegation in the F.I.R is that the petitioner had

entered the house of the informant and committed rape with her.

4. Learned counsel for the petitioner has submitted

that earlier the prayer of the petitioner has been rejected vide

order dated 29.05.2025 in Cr. Misc. No. 9292 of 2025 with

liberty to the petitioner to renew his prayer for bail after framing

Patna High Court CR. MISC. No.76355 of 2025(5) dt.30-01-2026

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of charge. Charges have been framed against the petitioner in

the learned Court concerned on 20.08.2025 and out of seven

charge-sheet witnesses, only one witness has been examined till

date and is not likely to conclude in the near future. It is further

submitted that the informant/victim has been medically

examined during course of investigation and the medical report

does not support the allegations as no spermatozoa has been

found in the vaginal swab of the informant/victim. The

petitioner is in custody since 01.08.2024 and undertakes to co-

operate in the case/trial.

5. Learned counsel for the opposite party no.2,

however, strongly opposed grant of bail on the ground that trial

has commenced and as such petitioner dos not deserve to be

granted the privilege of bail.

6. Taking into consideration the aforesaid facts of the

case and considering that charges have been framed in the

matter and out of seven charge-sheet witnesses only one witness

has been examined, and is not likely to conclude in the near

future as also the petitioner is in custody since 01.08.2024, the

petitioner is directed to be enlarged on bail in connection with

Mahila P.S. Case No. 31 of 2024 on furnishing bail bond of

Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.76355 of 2025(5) dt.30-01-2026

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amount each to the satisfaction of the learned Court below

where the case is pending/successor Court on the following

conditions:-

(1) The petitioners shall remain physically present in

the learned trial Court on each date and shall cooperate in the

trial. In case the petitioner is absent on the two consecutive

dates without sufficient reasons, the learned trial Court would be

at liberty to cancel the bail bonds of the petitioner.

(2) The learned trial Court is directed to expedite the

trial and conclude the same at the earliest without giving

unnecessary adjournment to any of the parties.

(Soni Shrivastava, J)

Harsh/-

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