Patna High Court
Baljeet Sahani @ Baljeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Baljeet Sahani, sought anticipatory bail after being implicated in a rape case under Sections 74, 76 and 64(1) of the Bhartiya Nyaya Sanhita. The FIR alleges that on 28 October 2025 he forcibly confined an 18‑year‑old girl in a cow‑shed and raped her, a charge supported by the victim’s statement under Section 183 of the Bhartiya Nagrik Suraksha Sanhita and a medical report showing a ruptured hymen and swelling. The petitioner contended that the allegation was fabricated due to an ongoing land dispute involving his family and that no spermatozoa were found in the vaginal swab. The State argued that the medical findings and the victim’s testimony establish a prima facie case of rape, and that the absence of spermatozoa is not fatal to the charge. The Court, after weighing the submissions, held that the seriousness of the rape allegation warranted denial of anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the accused in a rape case under the Bhartiya Nyaya Sanhita.
- Whether the lack of spermatozoa in the vaginal swab negates the charge of rape.
- Whether a concurrent land dispute can be a basis to claim false implication in a criminal case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 183
- Bhartiya Nyaya Sanhita — s. 64(1), 74, 76
Subjects
- anticipatory bail
- rape
- sexual assault
- medical evidence
- false implication
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12673 of 2026
Arising Out of PS. Case No.-409 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Baljeet Sahani @ Baljeet Kumar S/O Harendra Sahani @ Harendra Kumar
Resident of Village- Usari, P.S.- Baikunthpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Sahni
For the Opposite Party/s : Mr. Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 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 Baikunthpur Police Station Case No. 409 of 2025,
dated 29.10.2025, disclosing offences under Sections
74/76/64(1) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 28.10.2025 at about 06:30 PM, after completion
of work, the informant was going to attend natures call in
the field, at the same time, the petitioner forcibly took her
in bathan (cow-shed) and locked her inside and
committed illegal activity. After some time the father of
the informant came and broke open the lock and took her
along with him.
Patna High Court CR. MISC. No.12673 of 2026(2) dt.25-03-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case
on the basis of concocted story on the account of the fact
that there is a land dispute between his co-villagers,
namely, Surendra Nath Pandey and Dharmendra Pandey
and the mother of the petitioner in the court of Collector,
Gopalganj bearing Jamabandi Appeal Case No. 15 of
2022 and the appeal of the co-villagers was rejected on
24.01.2023. He next submits that a title suit has also been
filed having Title Suit No. 443 of 2022 which is pending
for final disposal. He further submits that victim girl was
medically examined on 29.10.2025 at 06:30 PM i.e.
within 24 hours, but no spermatozoa was seen in the
vaginal swab.
5. On the other hand, learned counsel for the State and
informant vehemently opposes the prayer for anticipatory
bail and submits that the victim girl is aged about 18
years and she has been raped by the petitioner which has
been supported by the victim in her statement recorded
under Section 183 of the of the Bhartiya Nagrik Suraksha
Sanhita and the father of the victim girl has also
supported the prosecution story. He further submits that
Patna High Court CR. MISC. No.12673 of 2026(2) dt.25-03-2026
3/3
finding of spermatozoa in the vaginal swab within 24
hours may not be possible because the vaginal swab is
acidic in nature. Referring to the Annexure-P/2 (medical
examination report), learned counsel submits that hymen
was found ruptured and pain and swelling was seen on
scapular region by the doctor.
6. Regards being had to the submissions advanced by
learned counsel for the parties and taking into
consideration the fact that there is direct allegation of rape
against the petitioner which has been supported by the
statement of victim girl recorded under Section 183 of the
Bhartiya Nagrik Suraksha Sanhita, I am not inclined to
grant anticipatory bail to the petitioner.
7. This application is, accordingly, dismissed.
(Anil Kumar Sinha, J)
ashwani/-
U T
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