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Patna High Court

Chandrashekhar Thakur @ Chandrashekhar KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Chandrashekhar Thakur, was arrested on 29 November 2025 in connection with a case registered under Section 64 of the BNS for alleged forcible rape. He applied for bail, claiming a clean antecedent and that the FIR was fabricated. The State opposed the bail, relying on the victim’s statement recorded under Section 183 of the BNSS, 2023, which supported the prosecution’s case. The court examined the seriousness of the allegation and the victim’s corroborated statement. Considering the nature of the offence and the victim’s testimony, the court declined to grant bail. The petition for bail was therefore refused.

Issues considered

  • What is the appropriate decision on the bail application in a rape case under Section 64 of the BNS, given the victim’s statement under Section 183 of the BNSS, 2023?

Legislation cited

Subjects

  • bail
  • rape
  • victim statement
  • Section 183
  • criminal procedure
  • high court
  • denial of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11205 of 2026
                        Arising Out of PS. Case No.-227 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
                 Chandrashekhar Thakur @ Chandrashekhar Kumar S/o Vishwanath Thakur
                 R/o Village - Muraitha, P.S - Jalley, District - Darbhanga

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Jyoti Kumari, Advocate
                 For the Opposite Party/s :        Mr.Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                     Heard Ms.Jyoti Kumari, learned counsel for the

                   petitioner and Mr.Md. Ataur Rahman, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   29.11.2025 in connection with Jalley P.S. Case No. 227 of 2025,

                   F.I.R. dated 28.11.2025 registered for the offence punishable

                   under Section 64 of BNS.

                                3. Allegation against the petitioner is that he forcibly

                   committed rape with the informant.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. The allegation

                   as alleged in the FIR is false and fabricated and the petitioner

                   has not committed any offence as alleged in the FIR.

                                5. Learned A.P.P. for the State, on the other hand, has
               Patna High Court CR. MISC. No.11205 of 2026(3) dt.02-04-2026
                                                           2/2




                         vehemently opposed the prayer for bail of the petitioner and

                         submits that the statement of the victim was recorded under

                         Section 183 of BNSS, 2023 in which she has fully supported the

                         case of the prosecution, apart from that, she has stated that on

                         29.11.2025 she has gone for her medical examination but due to

                         intervention of the police, the medical examination of the victim

                         had not been by the prosecution and she has stated everything in

                         her statement under Section 183 of BNSS, 2023.

                                      6. Considering the aforesaid facts and nature of

                         allegation against the petitioner supported by the victim in her

                         statement under Section 183 of BNSS, 2023, I am not inclined

                         to enlarge the petitioner on bail in connection with Jalley P.S.

                         Case No. 227 of 2025 pending in the court of learned A.C.J.M.-

                         I, Darbhanga.

                                      7. Prayer is refused.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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