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Patna High Court

Shyamal KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court refused bail, holding that the seriousness of the rape allegation and the victim’s statement preclude the grant of bail.

Summary

The petitioner, Shyamal Kumar, was arrested on 22 May 2025 in connection with FIR No. 96 of 2025 alleging rape and threats to kill the victim under Section 64 of the BNS, 2023. The prosecution presented the victim's statement recorded under Section 183 of the BNSS, 2023, affirming the allegations. The petitioner’s counsel argued that he has a clean record and that the FIR is fabricated, seeking bail. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the charge and the victim’s recorded statement. The Court, considering the nature of the allegation and the supporting statement, declined to grant bail, refusing the petition.

Issues considered

  • Whether bail should be granted to the accused in a rape case under Section 64 of the BNS, 2023, given the victim’s statement under Section 183 of the BNSS, 2023.

Legislation cited

Subjects

  • bail
  • rape
  • Section 64
  • Section 183
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1136 of 2026
                       Arising Out of PS. Case No.-96 Year-2025 Thana- KURSAILA District- Katihar
                 ======================================================
                 Shyamal Kumar S/o- Anjan Mahaldar R/v- Balthi Maheshpur, Ward no 3, PS-
                 Kursela, Distt- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   09-04-2026                    Heard Mr. Sanjeev Kumar Singh, learned counsel for

                   the petitioner and Mr. Murli Dhar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.05.2025 in connection with Kursela P.S. Case No. 96 of

                   2025, F.I.R. dated 21.05.2025 for the offences punishable under

                   Section 64 of the BNS, 2023.

                               3. According to prosecution case, this petitioner has

                   committed rape upon the victim and also threatened to kill her.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed

                   any offence as alleged in the FIR.
            Patna High Court CR. MISC. No.1136 of 2026(4) dt.09-04-2026
                                                        2/2




                                  5. The learned Additional Public Prosecutor has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that the statement of the victim was recorded under

                      Section 183 of the BNSS, 2023 in which she has stated that the

                      petitioner has committed rape upon her.

                                   6. Considering the nature of allegation as alleged in

                      the FIR supported by the statement of the victim recorded under

                      Section 183 of the BNSS, 2023, I am not inclined to enlarge the

                      petitioner on bail in connection with Kursela P.S. Case No. 96 of

                      2025 pending in the court of learned Chief Judicial Magistrate,

                      Katihar.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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