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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2524 of 2026

Arising Out of PS. Case No.-201 Year-2025 Thana- BAIRIYA District- West Champaran

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1. Jitendra Prasad Son of Late Jagnath Prasad Resident of village- Dumariya

PS -Bairiya District -West Champaran

2. Pawan Kumar @ Pavan Kumar son of Late Lagan Prasad Resident of

village- Dumariya PS -Bairiya District -West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Sujeet Kumar, Advocate

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

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioners, informant

and the learned APP on behalf of the State.

2. The petitioners seek bail in anticipation of their

arrest in connection with Bairiya P.S. Case No. 201 of 2025

dated 29.05.2025 instituted for the offences punishable under

Sections 74, 64, 126(2) and 118(1) of the Bharatiya Nyaya

Sanhita.

3. As per the prosecution case, allegation against the

petitioners is that they entered into the house of the informant

and committed rape upon her.

4. Learned counsel for the petitioners submits that the

present case has been lodged on the basis of a complaint petition

Patna High Court CR. MISC. No.2524 of 2026(2) dt.28-01-2026

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filed on 05.01.2025 which was registered as Bairiya P.S. Case

No. 201 of 2025. It has been submitted that from perusal of the

complaint it would be evident that the alleged date of

occurrence is said to be 05.01.2025, however the complaint was

filed on 13.05.2025 with a statement that initially the police was

informed, but they were in connivance with the petitioners and

hence the case could not be lodged earlier.

5. Learned counsel for the petitioner further submits

that the petitioners and the informant are immediate agnates and

they have falsely been implicated in this case merely to settle

personal score which arose on account of land dispute. It is next

submitted that no explanation whatsoever has been given with

regard to the delayed filing of the complaint initially and during

the investigation barring the statement of the informant, there is

nothing on record to suggest any evidence against the

petitioners. It has also been submitted that no injury report is

referred to by the learned Special Judge while dismissing the

application for bail. It has lastly been submitted that the

petitioners have no criminal antecedent.

6. Learned counsel for the informant as well as

learned APP appearing on behalf of the State have vehemently

opposed the prayer for anticipatory bail of the petitioners and

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have submitted that the petitioners are very powerful and they in

connivance with the police did not let an FIR be lodged in the

present matter on the date of occurrence and ultimately after

several complaints the present complaint was filed on

13.05.2025. It is further submitted that there was an assault on

05.01.2025 for which the informant had gone for treatment at

the hospital, however they do not dispute the fact that no

reference of any rape is there in the said prescription of

05.01.2025.

7. Considering the aforesaid submissions and taking

into account the background facts of the case and especially the

fact that the case of such heinous nature has been lodged after a

delay of more than four months, the petitioners are directed to

be released on bail, in the event of their arrest or surrender

before the court below within a period of four weeks from the

date of receipt/production of a copy of this order, on their

furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

each with two sureties of the like amount each to the satisfaction

of the learned Judicial Magistrate, Bettiah, West Champaran in

connection with Bairiya P.S. Case No. 201 of