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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32475 of 2026 Arising Out of PS. Case No.-45 Year-2025 Thana- KURLIKOT District- Kishanganj ======================================================
1. Dhanil Chouhan S/o Ujari Chouhan R/o Village- Lodhabari, PO- Thakurganj, PS- Kurlikot, Distt.- Kishanganj
2. Munna Ray @ Munna Kumar Ray S/o Ramshresth Ray R/o Village- Lodhabari, PO- Thakurganj, PS- Kurlikot, Distt.- Kishanganj ... ... Petitioner/s Versus
1. The State of Bihar
2. XYZ W/O ABC R/O Village- Jhala , Ward No. 8 P.S - Kurli kort, P.O- Thakurganj, Distt- Kishanganj-855116 ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s : Mrs. Sangeeta Sharma, APP For the Informant : Mr. Ram Prawesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 07-08-2026 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary. 2. The petitioners apprehend arrest in connection with Kurlikot P.S. Case No. 45 of 2025, registered under Sections137(2), 64, 70(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the informant alleged that she was forcibly abducted by the accused persons in a car, wrongfully confined, and subjected to gang rape after
Patna High Court CR. MISC. No.32475 of 2026(4) dt.07-08-2026 2/3 being threatened with dire consequences. It is further alleged that she was released the next morning after being threatened not to disclose the occurrence. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners are not specific rather the same is general and omnibus in nature. It is further submitted that medical report of the victim does not support the allegation of rape. The petitioners have got no criminal antecedent. 5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners. It is submitted that there is allegation against the petitioners that they along with other co-accused persons have committed gang rape with the victim. From perusal of the case diary, it transpires that witnesses have also supported the case of prosecution.
It is further submitted that the victim has also supported the prosecution case in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Hence, the petitioners do not deserve the privilege of anticipatory bail. Patna High Court CR. MISC. No.32475 of 2026(4) dt.07-08-2026 3/3
6. Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners. 7. The prayer is rejected. However, if the petitioners surrender in the learned Court below and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. Rajorshi/- (Rudra Prakash Mishra, J) U T