Rahul Bhardwaj Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24806 of 2025

Arising Out of PS. Case No.-589 Year-2018 Thana- HAJIPUR SADAR District- Vaishali

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

Rahul Bhardwaj, Son of Rabindar Singh @ Ravi Singh, Resident of VillagePanapur Langa, P.S.- Hajipur Sadar, Distt.- Vaishali (Bihar)

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Arjun Kumar Chauhan Son of Late Maheshwar Mahto Resident of Village Panapur Langa, Ward no. 6, P.S.- Hajipur Sadar, Vaishali

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance :

¶11

For the Petitioner/s : Mr.Lakshmi Kant Tiwary, Advocate For the State : Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

¶12

6 19-12-2025

¶13

Heard learned counsel for the petitioner and learned

¶14

APP for the State.

¶15

The petitioner in this case has renewed his prayer for bail in connection with Hajipur Sadar P.S. Case No. 589 of 2018 registered for the offences punishable under Section 306/34 of the Indian Penal Code. He has no criminal antecedent and is in custody since 25.11.2024.

¶16

The prosecution story in short is that on 20.09.2018 at about 05:00 PM, the daughter of the informant committed suicide. The informant alleged that this petitioner used to pass vulgar remarks while her daughter goes to college and coaching. The informant also alleged that the petitioner compelled her for

¶17

Patna High Court CR. MISC. No.24806 of 2025(6) dt.19-12-2025 2/4

¶18

physical relationship and threatened her if she did not do so, her family members would be done to death. The informant alleged that due to all this, her daughter committed suicide.

¶19

Learned counsel for the petitioner submits that in this case, the petitioner has surrendered on 24.11.2024 but during last more than one year no progress has been made.

¶20

This Court called for a report from the learned court below. The report is available at Flag ‘R’. It is stated in the report that the cognizance of the case has been taken on 16.04.2025 and for production of the accused, a warrant for production has been issued to the Divisional Jail, Hajipur, Vaishali on 03.09.2025. The record is pending for police paper and commitment.

¶21

This Court had issued notice to the informant and as per the office report, the notice has been received by the opposite party no.2 personally. Despite service of notice, the opposite party no.2 has not entered appearance.

¶22

Keeping in view the kind of allegations made against the petitioner whereunder it is stated that the victim committed suicide because this petitioner was always tormenting her and was passing vulgar remarks during her going to the college and coaching and was compelling her to establish

¶23

Patna High Court CR. MISC. No.24806 of 2025(6) dt.19-12-2025 3/4

¶24

physical relationship with her, however, till date the case has not progressed and is still pending at the stage of commitment, the petitioner has otherwise no criminal antecedent, hence, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Hajipur Sadar P.S. Case No.589 of 2018, subject to the conditions as laid down under Section 480 (3) of Bhartiya Nagarik Suraksha Sanhita.

¶25

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

¶26

And further condition that during his continuance on bail, the petitioner shall ensure that he appears on the date fixed in the matter in the learned court below and there should not be non-appearance for more than two dates that too without

¶27

Patna High Court CR. MISC. No.24806 of 2025(6) dt.19-12-2025 4/4

¶28

a cogent reason. While being on bail, the petitioner shall not approach the family of the victim and shall not try to influence

¶29

the trial.

¶30