Patna High Court
Munna Kumar Ray @ Munna Kumar Roy @ Munna RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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