Raju Kumar Ray @ Raju Kumar @ Raja Babu Kumar @ Raja Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Raju Kumar Ray @ Raju Kumar @ Raja Babu Kumar @ Raja Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released in connection with Mahila P.S. Case No. 18 of 2024 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Court No. III, POCSO, Muzaffarpur.

Issue for consideration

Whether the petitioner, whose earlier regular bail prayer in Mahila P.S. Case No. 18 of 2024 (sections 341, 323, 376D, 506 and 34 IPC) was rejected on 30.01.2025 subject to renewal after six months, is entitled to regular bail on renewal.

Court's answer

After hearing learned counsel for both sides and considering the facts and circumstances, the court decided to enlarge the petitioner on bail.

Ratio / Principle

The petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 18 of 2024 upon furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J), Oral Order, 12-09-2025 — CRIMINAL MISCELLANEOUS No.62638 of 2025: On renewal, regular bail granted to the petitioner in Mahila P.S. Case No. 18 of 2024, Muzaffarpur, registered for offences under sections 341, 323, 376D, 506 and 34 of the Indian Penal Code; his earlier prayer had been rejected vide order dated 30.01.2025 with liberty to renew after six months if the trial was not concluded. Counsel for the petitioner submitted that only the victim has been examined; that her Section 161 Cr.P.C. statement indicated she had solemnized marriage with the petitioner, who established physical relationship with her on the occurrence date while three others committed rape; and that medical examination determined only her age with no positive finding regarding sexual act; petitioner languishing in judicial custody since 18.05.2024. Learned APP opposed the prayer. Court enlarged the petitioner on bail on a bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Court No. III, POCSO, Muzaffarpur.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62638 of 2025

Arising Out of PS. Case No.-18 Year-2024 Thana- MAHILA P.S. District- Muzaffarpur

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

Raju Kumar Ray @ Raju Kumar @ Raja Babu Kumar @ Raja Kumar S/O Laleshwar Ray R/O Vill.- Chak Mohammad Bada, Jagarnath ,P.S.- Ahiyapur, Dist.- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

Ms. X C/o Sanjay Ram R/O Gobarsahi, P.S.- Sadar, Dist.- Muzaffarpur

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 12-09-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376D, 506 and 34 of the Indian Penal Code which was earlier rejected vide order dated 30.01.2025 with an observation that the petitioner may be at liberty to renew his prayer for bail after six months, if the trial is not concluded.

The case of the prosecution is that the petitioner called the informant and boarded her on a bike, took her to a solitary place, where he committed rape with her. It is further

Patna High Court CR. MISC. No.62638 of 2025(2) dt.12-09-2025 2/3

alleged that there were three more persons who committed rape with her and threatening her of dire consequences.

Learned counsel for the petitioner has submitted that only victim has been examined in this case. It has also been argued by learned counsel for the petitioner that in this case, in the statement of the victim under Section 161 of the Cr.P.C., it has come that she has solemnized marriage with the petitioner and that on the date of the occurrence, petitioner has established physical relationship with her and three others have committed rape. It has also been submitted that from medical examination, it is clear that in medical examination, only her age was determined and there was no positive finding regarding sexual act. Moreover, the petitioner is languishing in judicial custody since 18.05.2024.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the above facts and circumstances of this case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 18 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.62638 of 2025(2) dt.12-09-2025 3/3

the like amount each to the satisfaction of learned Exclusive Special Court No. III, POCSO, Muzaffarpur.

(Ashok Kumar Pandey, J)

Shubham/-

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