Patna High Court
Mundrika Kumar Ray @ Mundrika RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
Holding
The court declined to grant anticipatory bail to the petitioner.
Summary
Mundrika Kumar Ray applied for anticipatory bail in a case registered under Section 364 IPC for alleged rape and torture of an 11‑year‑old girl whose statement was recorded under Section 164 CrPC. The petitioner claimed innocence, stating he was not named in the FIR and was only implicated during investigation, and highlighted a single prior criminal antecedent. The State opposed the bail, emphasizing the seriousness of the allegations and the victim's recorded statement. The court examined the victim's statement and the gravity of the offence, finding no sufficient ground to grant bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the serious nature of the offence and the victim's statement under Section 164 CrPC.
- Whether the petitioner’s absence from the FIR but subsequent implication during investigation affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 364
Subjects
- anticipatory bail
- rape
- kidnapping
- Section 164 CrPC
- Section 364 IPC
- bail denial
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76427 of 2025
Arising Out of PS. Case No.-175 Year-2024 Thana- LALGANJ District- Vaishali
======================================================
Mundrika Kumar Ray @ Mundrika Ray S/o- Lakhindra Ray, Vill- Sarariya,
P.S.- Lalganj, Dist.- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mostt. Reeta Devi W/o- Late Kapildeo Ray, R/v- Khajauli, P.S.- Lalganj
Dist.- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the State : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Lalganj P.S. Case No. 175 of 2024, dated
22.06.2024, registered for the offence punishable under Section
364 of the Indian Penal Code.
3. As per allegation, 11 year old daughter of the
informant went missing on 21.06.2024, when she was going to
school and the informant-mother had apprehension that she has
been kidnapped with intent to grab her land. In course of
investigation, the victim has been recovered from Pune,
Maharashtra and her statement under Section 164 Cr.PC has
been recorded, in which she has alleged that the petitioner has
committed rape upon her and tortured her.
Patna High Court CR. MISC. No.76427 of 2025(4) dt.24-02-2026
2/2
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that petitioner is not named in the F.I.R.
and his name has come in course of investigation. He further
submits that the petitioner is no way involved in the alleged
offence and the whole allegation is false and baseless.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has one criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the statement of the victim under
Section 164 Cr.PC and the serious nature of the allegation
against the petitioner, I am not persuaded to enlarge the
petitioner on anticipatory bail.
9. Accordingly, the prayer for anticipatory bail of the
petitioner stands rejected.
(Jitendra Kumar, J.)
ravishankar/-
U T
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