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Patna High Court

Md. GulzarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for anticipatory bail was dismissed.

Summary

The petitioner, Md. Gulzar, sought anticipatory bail fearing arrest in a case (Gaighat P.S. Case No. 272 of 2024) filed under Sections 126(2), 352, 351(2), 351(3), 62(2) and 64 of the Bharatiya Nyaya Sanhita, alleging involvement in a rape of a minor. The prosecution alleged that the petitioner was part of a conspiracy to bring the minor to the main accused's house where the rape occurred. The petitioner’s counsel argued that the victim’s statement under Sections 180 and 183 of the B.N.S. showed he merely facilitated the meeting and that he has a clean antecedent. The State opposed the anticipatory bail, contending sufficient grounds for arrest. The Court held that the facts did not warrant the grant of anticipatory bail and dismissed the application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita in view of the alleged involvement in a rape offence.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • clean antecedent
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45074 of 2025
                     Arising Out of PS. Case No.-272 Year-2024 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Md. Gulzar S/o- Md. Ayub Village- Ramnagar Ps- Gaighat Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mithilesh Kumar, Advocate
                 For the State            :        Mr.Nirmal Kumar Sinha, APP
                 For the Informant        :        Mr.Ratneshwar Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Gaighat P.S. Case No. 272 of 2024 instituted under

                   Sections 126(2), 352, 351(2), 351(3), 62(2), 64 of the Bharatiya

                   Nyaya Sanhita.

                                3. As per the prosecution case, some accused persons

                   are alleged to have committed rape with the informant.

                                4. Learned counsel for the petitioner submits that

                   from the statement of the victim girl recorded under Sections

                   180, 183 of B.N.S.S., it appears that the petitioner was

                   involved in bringing the girl to the house of the main accused

                   who has committed rape with the minor girl. Petitioner has

                   clean antecedent.
              Patna High Court CR. MISC. No.45074 of 2025(3) dt.19-02-2026
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                                     5. Learned APP for the State has opposed the prayer

                        for anticipatory bail of the petitioner.

                                     6. Considering the aforesaid facts, this is not a fit

                        case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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