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2025 DAILYLAW 5157 (PAT)

Mahendra Singh v. The State of Bihar

CR. MISC./87358/2025 · 2026-03-11

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87358 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- HALAI District- Samastipur ====================================================== 1. Mahendra Singh S/O Late Jag Dev Singh R/O Village- Rasiyahi, P.O- Kumaiya, P.S- Halai, Distt.- Samastipur. 2. Kanchaniya Devi W/O Mahendra Singh R/O Village- Rasiyahi, P.O- Kumaiya, P.S- Halai, Distt.- Samastipur. 3. Saraswati Kumari W/O Ranjit Kumar R/O Village- Rasiyahi, P.O- Kumaiya, P.S- Halai, Distt.- Samastipur. 4. Mamta Devi @ Mamta W/O Dinesh Singh @ Dinesh Kumar R/O Village- Rasiyahi, P.O- Kumaiya, P.S- Halai, Distt.- Samastipur. 5. Mamta Devi @ Mamta W/O Sujit Kumar R/O Village- Rasiyahi, P.O- Kumaiya, P.S- Halai, Distt.- Samastipur. 6. Dinesh Singh @ Dinesh Kumar S/O Mahendra Singh R/O Village- Rasiyahi, P.O- Kumaiya, P.S- Halai, Distt.- Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar 2. Manju Devi W/O Ram Vinay Singh R/O Village- Rahiyari, P.O- Kumaiya, P.S- Halai, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 11-03-2026 On 09.01.2026, this case with respect to petitioner no. 1, Mahendra Singh was dismissed as withdrawn. 2. Now the bail petition is limited with respect to petitioner nos. 2 to 6. 3. Heard the learned counsel for the petitioners and learned counsel for the State. 4. The petitioners apprehend arrest in connection with Patna High Court CR. MISC. No.87358 of 2025(3) dt.11-03-2026 2/3 Halai P.S. Case No. 107 of 2025 registered for offences under Sections 126(2), 70(2), 115(2), 118(D), 109(D), 303(2), 352, 351(2), (3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/6 of the POCSO Act. 5. As per the prosecution case, the petitioners, along with others, are said to have assaulted the informant under the pretext of a protest regarding the alleged rape committed by other co-accused persons. 6. Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. He further submits that the allegation of rape is against the other co- accused, namely Sujit, Amarjit, and Ranjit, who attempted to commit rape on the victim. The petitioners have clean antecedents. He also submits that petitioner nos. 2 to 5 are women. 7. Learned APP for the State has vehemently opposed the prayer for bail. 8. I have considered the submissions of the parties and have gone through the records of the case. Considering the fact that the main allegation of rape is against the co-accused Sujit, Amarjit, and Ranjit, this application for anticipatory bail is allowed. Patna High Court CR. MISC. No.87358 of 2025(3) dt.11-03-2026 3/3 9. Accordingly, let the petitioners, above-named, in the event of their arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Halai P.S. Case No. 107 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS. Shishir/- (Sandeep Kumar, J) U T