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Patna High Court

Munna Kumar Ray @ Munna Kumar Roy @ Munna RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Munna Kumar Ray, was charged under sections 126(2), 115(2), 118(1), 64, 351(2), 352 and 3(5) of the B.N.S. for allegedly entering a woman's house at night, gagging her and committing rape. The victim later gave a statement under Section 183 of the B.N.S.S. that identified another person, Pravin Rai, as the one who gagged her, creating a discrepancy with the original FIR. The petitioner’s counsel argued that the parties had been in a consensual relationship for three years, that the victim made numerous missed calls to the petitioner on the day of the incident, and that the medical examination found no evidence of recent sexual intercourse. The State opposed bail, but the court, noting the lack of positive medical evidence, the victim’s inconsistent statements, and the petitioner’s clean record, decided to grant regular bail. The petitioner was ordered to be released on furnishing a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious charges of rape and related offences
  • Whether the inconsistencies in the victim’s statements and lack of medical evidence justify bail

Legislation cited

  • B.N.S. — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352, 64
  • B.N.S.S. — s. 183

Subjects

  • regular bail
  • rape
  • sexual assault
  • medical evidence
  • statement inconsistency
  • Bihar criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84822 of 2025
                      Arising Out of PS. Case No.-268 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 Munna Kumar Ray @ Munna Kumar Roy @ Munna Ray son of Shyam Roy
                 @ Shyam Ray Resident of village- Purvi Thika Paghari P.S- Biraul District
                 -Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   31-01-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2),118(1), 64, 351(2), 352 and 3(5) of B.N.S.

                                3. The case of the prosecution is that while the

                   informant was sleeping at her house alone, at about 2:30 AM the

                   petitioner entered her house and established forceful physical

                   relationship with her by gagging her mouth. After some time, as

                   she raised alarm, the inmates, namely, Puja Devi and Buchi Dai

                   Devi arrived then the petitioner managed to flee from there.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.84822 of 2025(3) dt.31-01-2026
                                            2/3




          counsel for the petitioner has submitted that during course of

          investigation, it has come that the petitioner has the informant

          were in relationship from three years. Learned counsel for the

          petitioner has further submitted that Annexure-P/3 goes to show

          that on that day, the informant has made altogether about

          eighteen missed call on the mobile number of the petitioner.

          During course of investigation, medical examination of the

          victim was conducted and the doctors conducting the medical

          examination have opined that there is no positive evidence to

          suggest the commission of recent sexual intercourse with her.

          During course of investigation, the victim has also given her

          statement under Section 183 of B.N.S.S. wherein she has stated

          that Munna Rai (petitioner) and Pravin Rai had entered in her

          room. Pravin Rai gagged her mouth and this petitioner

          committed rape. Learned counsel for the petitioner has

          submitted that from the FIR, it is clear that there is allegation

          that Munna Rai has entered in her house but in her statement

          recorded under Section 183 of B.N.S.S. she has deviated from

          her earlier version and has stated that Pravin Rai has also

          entered in her room. A statement has been made in para-3 of this

          petition that the petitioner has got no criminal antecedent.

          Moreover, he is languishing in judicial custody since
            Patna High Court CR. MISC. No.84822 of 2025(3) dt.31-01-2026
                                                        3/3




                      01.08.2025.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have vehemently opposed the prayer

                      of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Biraul P.S. Case No. 268 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J. 1st , Biraul, Darbhanga.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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