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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                   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
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                   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   √


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