Patna High Court

Md. KasimversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

The Court denied pre‑arrest bail to the petitioner.

Summary

The petitioner, Md. Kasim, was implicated in a rape case (Manihari P.S. Case No. 2 of 2010) alleged to have been committed on 17 March 2009, punishable under Section 376 of the Indian Penal Code. He applied for pre‑arrest bail, asserting his innocence, a clean antecedent, and that the accusation was merely suspicion. The State opposed the bail, emphasizing the specific allegation of rape. The Court examined the seriousness of the charge, the petitioner’s conduct, and the delay in filing the bail application. Considering these factors, the Court rejected the petition for pre‑arrest bail.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner in a rape case under Section 376 IPC given the nature of the accusation, the petitioner’s conduct, and the delay in filing the application

Legislation cited

Indian Penal Code — s. 376

Subjects

rape
pre‑arrest bail
Section 376 IPC
criminal procedure
bail jurisprudence
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1032 of 2026
                       Arising Out of PS. Case No.-2 Year-2010 Thana- MANIHARI District- Katihar
                 ======================================================
                 Md. Kasim S/o Fajarul Rahman Resident of Village - Manoharpur, P.O -
                 Narayanpur, P.S - Manihari, District - Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghvendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   22-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in connection with

                   Manihari P.S. Case No. 2 of 2010 registered for the offence

                   punishable under Section 376 of the Indian Penal Code.

                                3. As per the prosecution case, on 17.03.2009, this

                   petitioner committed rape with the informant while she was in

                   the field, attending call of nature.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Petitioner

                   has been implicated in this case merely on suspicion. Petitioner

                   claims clean antecedent.

                                5. Learned counsel for the State opposes the prayer

                   for bail and submitted that there is specific allegation of

                   commission of rape against the petitioner.
              Patna High Court CR. MISC. No.1032 of 2026(2) dt.22-01-2026
                                                          2/2




                                     6. Considering the nature of accusation, conduct of

                        the petitioner and delay in moving the application, prayer for

                        pre-arrest bail of the petitioner is rejected.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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