Patna High Court
Dharmendra Kumar @ Dharmendra Ray @ Raghuvendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties, with conditions for cooperation, non‑tampering with evidence, and verification of antecedents.
Summary
The petitioner, Dharmendra Kumar, was arrested on 28‑11‑2025 in connection with a rape case (Piprahi P.S. Case No. 140 of 2025) and charged under Sections 64, 89, 352, 351(2) and 3(5) of the B.N.S., 2023. The prosecution alleges that the petitioner raped the informant’s daughter and later participated in abusing the informant and aborting the victim’s pregnancy. The petitioner contended that he has a clean antecedent, the FIR is false, the victim was a major and gave consent, and that co‑accused persons have already been granted anticipatory or regular bail by the same court. The State opposed bail. Considering the petitioner’s clean record, the bail granted to similarly situated co‑accused, and the lack of any material adverse factor, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to standard conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to the petitioner charged with offences under the B.N.S., 2023?
- Whether the petitioner’s clean antecedent and the bail granted to co‑accused justify the release on bail?
Legislation cited
- B.N.S., 2023 — s. 3(5), 351(2), 352, 64, 89
Subjects
- bail
- anticipatory bail
- criminal procedure
- rape
- clean antecedent
- court discretion
- bond conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1560 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- PIPRAHI District- Sheohar
======================================================
Dharmendra Kumar @ Dharmendra Ray @ Raghuvendra Kumar S/o Mohan
Ray R/o village - Nayagao Mahuawa, P.S - Piprahi, District - Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-03-2026 Heard Mr. Devendra Kumar, learned counsel for the
petitioner and Mr. Raj Kishor Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
28.11.2025 in connection with Piprahi P.S. Case No. 140 of
2025, F.I.R. dated 18.07.2025 for the offences punishable under
Sections 64, 89, 352, 351(2) and 3(5) of the B.N.S., 2023.
3. According to prosecution case, petitioner has
committed rape upon the daughter of the informant and when
this informant went to the house of the said co-accused then this
petitioner along with other accused persons abused him It is
further alleged that the accused persons.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. As per allegation in the FIR,
petitioner has established physical relationship with the victim.
He further submits that the medical examination of the victim
was conducted and it was found that the victim was major at the
time of occurrence which suggests that with the consent of the
victim, present occurrence has taken place. It is further alleged
that accused persons, later on, took the victim and got her
pregnancy aborted. The main allegation against the petitioner is
that he established physical relationship with the victim and the
similarly situated co-accused persons, namely, Punit Ray @
Punit Kumar Ray @ Punit Kumar Yadav and Amrendra Ray @
Amrendra have been granted privilege of anticipatory bail by a
coordinate Bench of this Hon’ble Court vide order dated
19.11.2025 passed in Cr. Misc. No. 78718 of 2025, co-accused
person, namely, Madhurendra Ray has been granted regular bail
by this Court vide order dated 04.11.2025 passed in Cr. Misc.
No. 78341 of 2025. He further submits that the Police, after
investigation, submitted the charge-sheet against the petitioner
and the petitioner is in judicial custody since 28.11.2025.
5. Learned APP for the State has vehemently opposed
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the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent,
similarly situated co-accused persons have been granted
privilege of anticipatory bail by a coordinate Bench of this
Hon’ble Court and another co-accused person has been granted
regular bail by this Court, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Sheohar, in
connection with Piprahi P.S. Case No. 140 of 2025, with the
following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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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.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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