Anil Kumar Chauhan @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71626 of 2025 Arising Out of PS. Case No.-463 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Anil Kumar Chauhan @ Anil Kumar, Son of Manoj Kumar, Resident of village - Bairbana Ward No.- 08, P.S.- Singheshwar, District - Madhepura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.The accused/petitioner seeks bail in connection with Singheshwar P.S. Case No.463 of 2024 registered for the offences punishable under Sections 140(3), 64(1) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.').

3. The accused/petitioner is named in the FIR and is in custody since 07.02.2025.

4. Allegation against the petitioner is to kidnap the informant, who is a married lady aged about 19 years and, thereafter, committed rape upon her along with other co-accused persons.

Patna High Court CR. MISC. No.71626 of 2025(2) dt.04-11-2025 2/3

5. It is submitted by learned counsel appearing for the petitioner that the informant categorically stated through FIR that this petitioner committed rape upon her while recording her statement under Section 183 of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'), she failed to name this petitioner and stated that only threat was advanced by him. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has already submitted and, as such, there is no chance of tampering with the evidence. The petitioner claimed clean antecedent.

6.Learned APP opposed the prayer for grant of bail to the petitioner.

7.In view of aforesaid factual submissions and by taking note of statement of victim as recorded under Section 183 of the BNSS, where she failed to name this petitioner as to involve in alleged offence, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since

Patna High Court CR. MISC. No.71626 of 2025(2) dt.04-11-2025 3/3 07.02.2025 accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No.463 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T