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Patna High Court

Pappu Ray @ Pramod Ray @ Pappu Kumar @ Pramod Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Pappu Ray, was arrested in Dagarua PS Case No. 312 of 2025 for offences under Sections 64, 76, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, including an alleged rape of the informant, who is his devar. The informant, a mother of three, claims the accusation is false and stems from a long‑standing land dispute between the parties. The SHO who lodged the complaint admitted his mistake and assured the court that it would not be repeated. The petitioner’s counsel highlighted his clean antecedent and the disputed nature of the allegations, seeking bail. Considering the relationship, the land‑dispute context, the SHO’s admission, and the petitioner’s clean record, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of personal or lawyer‑by‑lawyer appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving alleged rape and other offences under the Bharatiya Nyaya Sanhita, given the circumstances of a land dispute and the SHO’s admission of mistake.

Legislation cited

Subjects

  • bail
  • rape
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • land dispute
  • clean antecedent
  • SHO admission

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9424 of 2026
                       Arising Out of PS. Case No.-312 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
                 Pappu Ray @ Pramod Ray @ Pappu Kumar @ Pramod Kumar Ray Son of
                 Dayalal Ray Resident of Fulpur Chakdah, Ward no. 5, P.S. - Dagarua, District
                 - Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Md Fazle Karim, Advocate
                 For the State           :        Mr.Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-04-2026                   Heard learned counsel for the petitioner; learned APP

                   for the State and

                                 2. The petitioner seeks bail in connection with

                   Dagarua P.S. Case No. 312 of 2025 registered for the offence

                   punishable under Sections 64, 76, 352, 351(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                 3. Pursuant to the order dated 06.04.2026, the then

                   SHO of Dagarua, Purnea has appeared and has accepted his

                   mistake and has assured this Court that he will not repeat this

                   mistake in future.

                                 4. The petitioner is the devar of the informant and is

                   alleged to have committed rape with her.

                                 5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9424 of 2026(4) dt.20-04-2026
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          informant is a woman having three children and there is a land

          dispute since before between the parties. He has also relied upon

          the documents of the land dispute and has submitted that the

          petitioner has been falsely implicated in this case.

                        6. Learned counsel for the informant has vehemently

          opposed the application for bail.

                        7. Considering the relationship and the materials

          regarding previous land dispute as well as the clean antecedent

          of the petitioner, this application is allowed.

                        8. Let the petitioner, above named, be released on bail

          on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          C.J.M., Purnea/ concerned Court in connection with Dagarua

          P.S. Case No. 312 of 2025.

                        9. As a condition of this order, the petitioner, after

          being released on bail is directed to co-operate in the trial either

          by appearing personally or through his lawyer in the trial Court

          on each and every date fixed in the trial. Non-compliance of the

          condition will result in cancellation of the bail bonds of the

          petitioner.

                        10. The personal appearance of the SHO is dispensed

          with.
           Patna High Court CR. MISC. No.9424 of 2026(4) dt.20-04-2026
                                                       3/3




                                  11. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                         (Sandeep Kumar, J)

P. Kumar

U     T


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