Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Ankit Kumar, was implicated in a case alleging kidnapping and rape of a 19‑year‑old woman, alleged under Sections 70(1), 140(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. He contended that the allegations stemmed from a consensual love relationship and that the victim’s statement was obtained under family pressure, noting that the medical examination found no evidence of sexual assault. The co‑accused Randhir Kumar’s confessional statement supported the petitioner’s version, and the victim’s age was confirmed as a major. The informant opposed bail, citing the dismissal of a regular bail application for the co‑accused. After evaluating the investigation material, the medical report, and the co‑accused’s confession, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of kidnapping and rape under the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 140(3), 3(5), 70(1)
Subjects
- anticipatory bail
- kidnapping
- rape
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- medical report
- love relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10183 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- DESARI District- Vaishali
======================================================
Ankit Kumar S/o Ram Nath Singh Resident of Village- Baliya, P.S.- Sahdei,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh
Ms. Shyamali Kumari
Ms. Ayushi Gupta
Mr. Deepak Prakash
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 27-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Desari Police Station Case No. 334 of 2025, dated
11.09.2025, disclosing offences punishable under
Sections 70(1)/140(3)/3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. The prosecution case, as per the First Information Report,
is that the daughter of the informant, aged about 19 years,
on 04.09.2025, left her house without giving any
information. The informant made search, but could not
found her daughter. It has further been alleged that the
Patna High Court CR. MISC. No.10183 of 2026(3) dt.27-04-2026
2/4
petitioner told the informant’s nephew, Abhishek, on
mobile that the informant’s daughter is in Hajipur and
thereafter he switched off his mobile. On 10.09.2025, the
informant’s daughter called him on mobile saying that she
is at Hajipur Railway Station. Thereafter, the informant’s
daughter reached her home where she told that the
petitioner, co-accused Randhir Kumar and Anjali Kumari
(sister of the petitioner) have kidnapped her and
committed rape, in which Anjali Kumari also supported.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has been mace accused on account of the
fact that there was love relationship between the
petitioner and the victim girl from before and the victim
girl had left her house for the purpose of marriage with
the petitioner, which somehow could not be materialized.
These facts have come in the investigation and the
petitioner had tried to commit suicide by consuming
poison, for which he was treated at Muzaffarpur. The
statement of the victim girl was recorded on the pressure
of the family members of the victim inasmuch as the
victim girl was examined by the doctor on the very next
Patna High Court CR. MISC. No.10183 of 2026(3) dt.27-04-2026
3/4
date on her coming on 11.09.2025, but the doctor has not
found any sign of sexual intercourse and/or rape. The
confessional statement of co-accused Randhir Kumar was
recorded, in which he has narrated the entire story of love
relationship between the petitioner and the victim girl.
The victim girl is major and the doctor has also found her
age between 18 and 20 years. The petitioner is also of 25
years of age and has been studying at Pune.
5. Learned Counsel for the informant vehemently opposes
the prayer for bail and submits that the regular bail
application of co-accused Randhir Kumar has been
dismissed by this Court and the petitioner’s case is at par
with the case of the co-accused Randhir Kumar.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the material
collected during investigation and the medical report of
the victim girl, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
Patna High Court CR. MISC. No.10183 of 2026(3) dt.27-04-2026
4/4
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Vaishali, at Hajipur, in
connection with Desari Police Station Case No. 334 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
Checking your session…