Guddu @ Guddu Kumar v. The State of Bihar
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 62, 64, 76
- Code of Criminal Procedure, 1973 ss. 164, 438(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482(2)
Key paragraphs
- Para 66. In view of the facts and circumstances and by taking note of the fact as petitioner was not named by victim/informant and also statement of victim could not recorded under Section 164 of the Cr.P.C. where non-joining of medical examination suggest absence of corroborating…
Judgment
Arising Out of PS. Case No.-170 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Radhe Shyam Kumar S/O Ruplal Raut Resident of Village- Laxmipur, P.S.- Lakhaura, District- East Champaran. The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 48500 of 2025) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 73298 of 2025) : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Dhurendra Kumar, Adv Mr. Rajendra Singh, APP Mr. Dhurendra Kumar, Adv Mr. Ajay Kumar Jha, APP 3 13-11-2025 Cr. Misc. No. 48500 of 2025 & Cr. Misc. No. 73298 of 2025 Heard the parties.
The accused/petitioners are named in the F.I.R. and apprehended their arrest in connection with Lakhaura P.S. Case No. 170 of 2024 registered for the offences punishable under Sections 64, 62, 76 and 3(5) of the BNS. Patna High Court CR. MISC. No.48500 of 2025(3) dt.13-11-2025
As per FIR, named co-accused persons made an attempt to commit rape upon informant, who is a married lady and major.
Learned counsel appearing on behalf of the petitioners submitted that out of neighborhood disputes and differences present false case was lodged. It is submitted that during the course of investigation petitioners were named by mother-in-law of the victim. It is submitted that victim was not examined under Section 164 of the Cr.P.C. and also she refused to undergo medical examination and, therefore, in want of corroborating material statement of victim/informant not appears sterling in nature. While concluding the argument learned counsel submitted that petitioners are men of clean antecedent.
Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
In view of the facts and circumstances and by taking note of the fact as petitioner was not named by victim/informant and also statement of victim could not recorded under Section 164 of the Cr.P.C. where non-joining of medical examination suggest absence of corroborating material, accordingly the both petitioners above named, in the event of their arrest or surrender before the learned trial court within a period of four weeks, are directed to be Patna High Court CR. MISC. No.48500 of 2025(3) dt.13-11-2025 released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran/concerned trial court where the case is pending in connection with Lakhaura P.S. Case No. 170 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.