Dharmendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51714 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== Dharmendra Chaudhary S/o Kameshwar Chaudhary R/o VillageNaushahrachak, P.S.- Ghosi, District- Jehanabad ... ... Petitioner
Versus
1.
The State of Bihar 2.
Kanchan Devi W/o Nand Kishor Yadav R/o Village- Birahpsura, P.S.- Belaganj, District- Gaya ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Belaganj P.S. Case No. 79 of 2025 registered for the offences under Sections 137(2) and 140(3) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The accused/petitioner is named in the First Information Report and is in custody since 03.02.2025. 4.
Allegation against the petitioner is to kidnap/abduct the wife of informant and thereafter confined her for long two months somewhere in Masaurhi market and thereafter committed rape upon her on several occasion and
Patna High Court CR. MISC. No.51714 of 2025(3) dt.15-11-2025 2/3 also she was forced to establish physical relationship with unknown against cash.
5. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner implicated falsely with present case on imaginary grounds due to land dispute between the parties for which alleged victim/wife of informant also made her statement on oath which has been filed before Belaganj Police Station in connection with the present case.
6. It is submitted that in fact, it is a case of extramarital affairs where FIR was lodged with a delay of 75 days. It is submitted that in actual, when the victim was deserted by the informant, she developed friendly relationship with the petitioner and started live with him.
7. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is concluded, for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.
8. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.51714 of 2025(3) dt.15-11-2025 3/3
9. In view of aforesaid factual submission and by taking note of the fact as FIR in issue lodged with a delay of 75 days, coupled with the fact that petitioner, who is a man of clean antecedent, remains in custody since 03.02.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya Ji /concerned court, in connection with Belaganj P.S. Case No. 79 of 2025, concerned court, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T