Dismissed¶20

Chhatish Sharma @ Chhatish Kumar v. The State of Bihar

Patna HC23 Jan 2025CR. APP (SJ)/235/2025

Case brief

AI extract

What is this about?

Anticipatory bail rejected by Patna High Court; appeal dismissed; rape allegation against two appellants; offences under Sections 126, 115(2), 64/3(5) Bharatiya Nyaya Sanhita and Sections 3(i)(r)(s), 3(2)(v) SC/ST Act; victim statement under Section 183 BNSS supported prosecution; gravity of offence decisive; Special Judge SC/ST Act, Purnea; ABP No. 137 of 2024; Mohanpur P.S. Case No. 88 of 2024; decided 23-01-2025.

What did the court decide?

Considering the gravity of the offence and the statement of the victim recorded under Section 183 of the BNSS (which supported the prosecution case), the court found no ground to interfere with the order of the learned court below rejecting anticipatory bail, and rejected the appeal filed for grant of anticipatory bail. ¶20

Chhatish Sharma @ Chhatish Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.235 of 2025

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Arising Out of PS. Case No.-88 Year-2024 Thana- Mohanpur District- Purnia

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======================================================

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Chhatish Sharma @ Chhatish Kumar Son of Bindeshwari Sharma Resident of Village - Topra, Ward No. 10, P.S. - Mohanpur, District - Purnea

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Niranjan Sharma @ Niranjan Kumar Sharma Son of Vasudeo Sharma Resident of Village - Topra, Ward No. 10, P.S. - Mohanpur, District - Purnea

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... ... Appellant/s

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Versus

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The State of Bihar

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Rekha Devi Wife of Ajit Paswan Resident of Village - Topra, Ward No. 10, P.S. - Mohanpur, District - Purnea

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... ... Respondent/s

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======================================================

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Appearance : For the Appellant/s : Mr. Ashutosh Kumar, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 23-01-2025

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Heard learned counsel for the appellants and learned

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Spl. Public Prosecutor for the State.

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This appeal has been filed against the order dated 13.12.2024 passed by learned Special Judge SC/ST Act, Purnea in connection with ABP No. 137 of 2024 arising out of Mohanpur P.S. Case No. 88 of 2024, registered under Sections 126, 115(2), 64/3(5) of the Bharatiya Nyaya Sanhita and Sections 3(i)(r)(s), 3(2)(v) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected.

¶17

As per prosecution case, on the alleged date and time of occurrence, these appellants committed rape with the

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Patna High Court CR. APP (SJ) No.235 of 2025(2) dt.23-01-2025 2/2

¶19

informant. Victim in her statement, recorded under Section 183 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has supported the prosecution case.

¶20

In view of the gravity of the offence and statement of the victim recorded under Section 183 of the BNSS, I do not find any ground to interfere with the order of the learned court below and as such, the appeal, which has been filed for grant of anticipatory bail, is hereby rejected.

¶21

(Prabhat Kumar Singh, J)

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Navya/-

¶23

U T

Chhatish Sharma @ Chhatish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chhatish Sharma @ Chhatish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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