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Patna High Court

Shankar GareriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Shankar Gareri was arrested in connection with Bahera Police Station Case No. 327 of 2025 for alleged attempted rape, charged under Sections 126(2), 127(2) and 64(1) of the B.N.S. The prosecution alleged that Gareri detained an informant in his house, bolted the door and attempted to rape her, prompting villagers to intervene. Gareri’s counsel contended that he is innocent, was falsely implicated, and suffered serious injuries, including fractured hands and head stitches, while also pointing out contradictory statements by the informant under Section 183 of the B.N.S.S. The petitioner has no prior criminal record and has been in judicial custody since 12 September 2025. After hearing both sides, the court considered the seriousness of the allegations, the length of custody, and the lack of antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged attempted rape under Sections 126(2), 127(2) and 64(1) of the B.N.S.
  • Whether the contradictory statements of the informant and the petitioner’s injuries affect the bail decision.

Legislation cited

Subjects

  • bail
  • attempted rape
  • criminal procedure
  • B.N.S. sections 126 127 64
  • B.N.S.S. section 183
  • injury
  • false implication
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13903 of 2026
                      Arising Out of PS. Case No.-327 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Shankar Gareri, Son of Late Ghuran Gareri, Resident of village- Bheriyahi
                 Tole, Benipur, PS- Bahera District -Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Jha, Advocate
                 For the Opposite Party/s :       Ms. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   15-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bahera P.S. Case No. 327 of 2025 registered for the

                   offence punishable under Sections 126(2), 127(2) and 64(1) of

                   B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner caught the informant, dragged her into his house,

                   bolted the door of the house and attempted to rape her. When the

                   informant raised alarm, the villagers arrived.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and                         has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that there
Patna High Court CR. MISC. No.13903 of 2026(3) dt.15-04-2026
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          is also a counter version of this case. On the same day, this

          petitioner has filed that he was being assaulted badly by the

          family members of the informant of the instant case. It has

          further been submitted that from perusal of the para ‘30’ of the

          case diary, it will transpire that when the petitioner was

          apprehended, both of his hands were fractured and there was

          stitches in his head. It has further been submitted that during

          course of investigation, the informant of this case has given her

          statement under Section 183 of the B.N.S.S. wherein she has

          stated that the petitioner has committed rape with her whereas in

          the F.I.R., she has stated that the petitioner has attempted to

          commit rape. There is case and counter case between the parties

          and there is also dispute between the parties. Petitioner is having

          no criminal antecedent and he is languishing in judicial custody

          since 12.09.2025.

                       5. The application for bail is vehemently opposed by

          learned APP for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case as well as

          period of custody, this Court is inclined to enlarge the petitioner

          on bail. The above named petitioner is directed to be enlarged

          on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
             Patna High Court CR. MISC. No.13903 of 2026(3) dt.15-04-2026
                                                         3/3




                       only) with two sureties of the like amount each to the

                       satisfaction of the learned Additional Chief Judicial Magistrate-

                       I, Benipur, Darbhanga in connection with Bahera P.S. Case No.

                       327 of 2025.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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