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Patna High Court

Dharmendra Kumar @ Dharmendra Ray @ Raghuvendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1560 of 2026(3) dt.18-03-2026
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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
Patna High Court CR. MISC. No.1560 of 2026(3) dt.18-03-2026
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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
            Patna High Court CR. MISC. No.1560 of 2026(3) dt.18-03-2026
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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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