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Patna High Court

Manish ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.

Summary

Manish Thakur was arrested in connection with a rape alleged to have occurred on 8 October 2024, for which an FIR was lodged on 10 October 2024 under Sections 126(2), 127(2) and 70(2) of the BNS. The victim’s statement recorded under Section 183 of the BNSS differed from the FIR, alleging that the husband was tied up and the rape was committed at gunpoint, while the defense claimed the case was fabricated due to an extramarital affair. The petitioner’s counsel highlighted the two‑day delay in filing the FIR, the absence of any injury on medical examination, and doubts about the petitioner’s identification. The State contended that the offence was a gang rape and opposed bail. The Court, noting the prima facie version recorded under Section 183, the completed investigation, the petitioner’s prolonged custody since November 2024, and the likelihood of a delayed trial, granted bail subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS. The bail order required a bond of Rs.10,000 with two sureties and imposed compliance conditions for the trial.

Issues considered

  • Whether bail should be granted in a rape case where the FIR was lodged after a delay and the victim’s statement under Section 183 differs from the FIR.
  • Whether the differences in the victim’s statements and lack of medical injuries create sufficient doubt to merit bail.
  • Whether the identification of the accused is reliable enough to deny bail.
  • Whether the completion of investigation and the prospect of a prolonged trial justify granting bail.

Legislation cited

Subjects

  • bail
  • rape
  • FIR delay
  • victim statement
  • identification doubt
  • medical evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89056 of 2025
                    Arising Out of PS. Case No.-208 Year-2024 Thana- GWALPARA District- Madhepura
                 ======================================================
                 Manish Thakur, Son of Dhunmun Thakur Resident of village - Gwalpura
                 Ward No.- 6, P.S.- Gwalpara, District – Madhepura.         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bambahadur Jha, Advocate
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   25-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner seeks bail in connection with Gwalpara

                   P.S. Case No. 208 of 2024 registered for the offence under

                   Sections 126(2), 127(2) and 70(2) of the BNS.

                                3. The accused/petitioner named in the F.I.R. and is in

                   custody since 24.11.2024.

                                4. As per FIR, petitioner alongwith co-accused persons

                   committed rape upon the informant aged about 25 years, who is

                   married and wife of one Siyaram Suthiar.

                                5. Learned counsel appearing on behalf of the petitioner

                   submitted that the statement of victim who is the author of

                   present FIR improved on major aspects of the occurrence while

                   recording her statement under Section 164 of Cr.P.C./183 of the

                   BNSS qua the manner of the occurrence, what she narrated
Patna High Court CR. MISC. No.89056 of 2025(3) dt.25-02-2026
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          through FIR. It is pointed out that FIR in issue was lodged with a

          delay of two days i.e. for occurrence dated 08.10.2024, the FIR

          was lodged on 10.10.2024. It is submitted that as per FIR, the

          husband of the informant was confined in the house whereas as

          per 183 statement, he was took outside the room and was tied

          with a tree by rope and, thereafter the rape was committed upon

          the informant on gun point. It is submitted that in fact it is a case

          of extra marital affairs and when the relationship came into

          knowledge of the husband of the informant/victim, the present

          false case was lodged.

                       6. Arguing further, it is submitted that even the

          identification of petitioner appears doubtful in view of Section 183

          of BNSS for the reason that the informant categorically stated

          thereof that she identified petitioner by his face as during the

          occurrence the mask of the face was removed but through same

          statement she also said that she came to know about the name of

          the petitioner during the day.

                       7. It is further argued by learned counsel that upon

          medical examination, no injury in or around private part of the

          body of victim was noticed, which also creates a doubt qua

          allegation of rape. It is also submitted that the delay of two days

          as to lodge present FIR after the occurrence is not appears
Patna High Court CR. MISC. No.89056 of 2025(3) dt.25-02-2026
                                            3/4




          explained through FIR. While concluding argument, it is submitted

          that investigation of this case is already completed, for which

          charge-sheet has been submitted, as such, there is no chance of

          tampering with the evidence and, moreover, till now only two

          prosecution witnesses appears examined in this case, suggesting

          sufficiently that trial of this case is not likely to be concluded in

          near future.

                       8. Learned APP while opposing the prayer of bail

          submitted that allegation of rape is specifically available against

          petitioner. It is submitted that this is a case of gang rape.

                       9. Considering the aforesaid factual submissions and by

          taking note of fact as prima facie version of victim while recording

          her statement under Section 183 of BNSS, explaining the

          occurrence appears improved on major points over the narration

          as made available by her while authoring the FIR, coupled with the

          fact that investigation of this case completed long back, and the

          petitioner remains in custody since 24.11.2024, where trial is also

          not likely to conclude in near future, accordingly, petitioner above

          named, is directed to be released on bail in connection with

          Gwalpara P.S. Case No. 208 of 2024 on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional Sessions
            Patna High Court CR. MISC. No.89056 of 2025(3) dt.25-02-2026
                                                        4/4




                      Judge-I cum Special Judge Madhepura/concerned Court, subject to

                      the conditions as mentioned under Section 437(3) of the

                      Cr.P.C./Section 480(3) of BNSS, with further conditions that:-

                                                          (i) Accused/Petitioner shall cooperate
                                             in the trial and shall be physically present on
                                             each and every date before the Trial Court till
                                             conclusion of the trial and exemption from
                                             physical appearance be allowed by the Trial
                                             Court, only on medical ground of the petitioner
                                             duly supported by the documents.
                                                          (ii) If petitioner made any deliberate
                                             attempt to delay trial, State/informant shall be
                                             at liberty to press petition before the learned
                                             trial court for cancellation of bail bond of the
                                             petitioner by learned trial court itself, which
                                             shall be decided by learned trial court, in
                                             accordance       with     law   after   giving   fair
                                             opportunity to petitioner.



                                            (Chandra Shekhar Jha, J)
veena/-
U       T


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