Shankar Gareri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13903 of 2026 Arising Out of PS. Case No.-327 Year-2025 Thana- BAHERA District- Darbhanga ====================================================== Shankar Gareri, Son of Late Ghuran Gareri, Resident of village- Bheriyahi Tole, Benipur, PS- Bahera District -Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bahera P.S. Case No. 327 of 2025 registered for the offence punishable under Sections 126(2), 127(2) and 64(1) of B.N.S.

3. The case of the prosecution, in short, is that the petitioner caught the informant, dragged her into his house, bolted the door of the house and attempted to rape her. When the informant raised alarm, the villagers arrived.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that there

Patna High Court CR. MISC. No.13903 of 2026(3) dt.15-04-2026 2/3 is also a counter version of this case. On the same day, this petitioner has filed that he was being assaulted badly by the family members of the informant of the instant case. It has further been submitted that from perusal of the para '30' of the case diary, it will transpire that when the petitioner was apprehended, both of his hands were fractured and there was stitches in his head. It has further been submitted that during course of investigation, the informant of this case has given her statement under Section 183 of the B.N.S.S. wherein she has stated that the petitioner has committed rape with her whereas in the F.I.R., she has stated that the petitioner has attempted to commit rape. There is case and counter case between the parties and there is also dispute between the parties. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 12.09.2025.

5. The application for bail is vehemently opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.13903 of 2026(3) dt.15-04-2026 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Benipur, Darbhanga in connection with Bahera P.S. Case No. 327 of 2025.

(Ashok Kumar Pandey, J) lata/- U T