Patna High Court
Madhurendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
Madhurendra Ray was arrested on 21 August 2025 in connection with a case involving alleged rape and abortion of the informant's daughter, with charges under Sections 64, 89, 352, 351(2) and 3(5) of the BNS, 2023. The prosecution alleged that the petitioner’s brother, Dharmendra Ray, committed the rape and that the petitioner participated in abusing the informant and tampering with evidence. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the FIR is fabricated. The informant and the State opposed bail, asserting the petitioner’s involvement. The High Court, noting the petitioner’s clean record and lack of specific allegations against him, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the petitioner’s clean antecedent and lack of specific allegations justify bail.
Legislation cited
- BNS, 2023 — s. 3(5), 351(2), 352, 64, 89
Subjects
- bail
- false implication
- criminal antecedent
- rape
- abortion
- BNS 2023
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78341 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- PIPRAHI District- Sheohar
======================================================
Madhurendra Ray Son of Mohan Ray Resident of Village- Nayagao
Mahuawa, P.S.- Piprahi, District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP
For the Informant : Mr. Jay Ram Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Devendra Kumar, learned counsel for the
petitioner, Mr. Jay Ram Prasad, learned counsel for the
informant and Dr. Mrityunjaya Kr. Gautam, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.08.2025 in connection with Piprahi P.S. Case No. 140 of 250,
F.I.R. dated 18.07.2025 for the offences punishable under
Sections 64, 89, 352, 351(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, co-accused
Dharmendra Ray 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 later
Patna High Court CR. MISC. No.78341 of 2025(2) dt.15-01-2026
2/3
on took his daughter and got her pregnancy aborted.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. The allegation is against the
co-accused, Dharmendra Ray who happens to be brother of the
petitioner and due to this reason his name has falsely been
implicated in the present case. He further submits that the police
after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 21.08.2025.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner and submits that the petitioner is
involved in the present crime in question.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is no specific
allegation against the petitioner, 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 CJM, Sheohar in connection with
Piprahi P.S. Case No. 140 of 2025, subject to the following
Patna High Court CR. MISC. No.78341 of 2025(2) dt.15-01-2026
3/3
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 his absence on two consecutive dates without sufficient
reason, his 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
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)
Vanisha/-
U T
Checking your session…