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Patna High Court

Tarun Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court rejected the petitioner's bail application, holding that bail should not be granted at this stage in a serious offence.

Summary

The petitioner, Tarun Kumar Singh, sought regular bail in a case (Ekma P.S. Case No. 508 of 2023) involving an alleged offence under Section 363 of the IPC, with the prosecution alleging rape of a minor. The victim initially gave a statement under Section 161 CrPC indicating a consensual relationship, but later, under Section 164 CrPC, alleged forcible sexual intercourse and was found to be pregnant. The petitioner argued that the later statement was made under duress, that he has no criminal antecedent, and that the earlier statement should be considered. The State highlighted the seriousness of the offence, the victim’s medical report confirming pregnancy, and reliance on the Apex Court’s pronouncement that bail in serious offences should be denied once trial commences. After hearing both sides, the court declined to grant bail, allowing the petitioner to renew the application after six months or after the victim’s testimony, whichever occurs first.

Issues considered

  • Whether bail can be granted in a serious offence (rape/kidnapping) when the trial is underway.
  • Whether statements recorded under Sections 161 and 164 of the CrPC can be used to assess the accused's innocence.
  • Whether the presence of a minor victim and her pregnancy affect the grant of bail.
  • Whether the precedent set in X v. State of Rajasthan is applicable to deny bail.

Legislation cited

Subjects

  • bail
  • rape
  • kidnapping
  • minor victim
  • Section 363 IPC
  • Section 376 IPC
  • CrPC Section 161
  • CrPC Section 164
  • medical examination
  • pregnancy
  • high court
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13588 of 2026
                          Arising Out of PS. Case No.-508 Year-2023 Thana- EKMA District- Saran
                 ======================================================
                 Tarun Kumar Singh S/O Dharmendra Chaudhary R/O Village- Sindhiya
                 Makandpur P.S- Gopalpur, District- Bhagalpur   ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar Bihar
           2.    Ravi Kumar S/O Harinam Singh R/O Vill.- KOhargadh, P.S- Ekma, Dist-
                 Saran



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :        Ms. Chetna, Advocate
                 For the Informant/s      :        Mr. Yashraj Bardhan, Advocate
                                                   Mr. Abhimanyu Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   17-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Ekma P.S. Case No. 508 of 2023 instituted for

                   the offence under Section 363 of I.P.C.

                                3. The case of the prosecution is that the minor

                   daughter of the informant had gone missing. It is also alleged

                   that the victim was in regular talking terms on a Mobile No.

                   XXXXX38978.
Patna High Court CR. MISC. No.13588 of 2026(4) dt.17-06-2026
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                       4. Learned counsel for the petitioner has submitted

          that earlier bail petition of the petitioner was rejected vide

          order dated 25.02.25. passed in Cr. Misc. No. 70261 of 2024

          by a learned coordinate Bench of this court. It is further

          submitted that the petitioner is innocent and has committed no

          offence. It is further submitted that during course of

          investigation, victim has given her statement under sections

          161 and 164 Cr.P.C. In her statement under section 161 Cr.P.C.,

          she stated that she was having an affair with the petitioner and

          she had gone with him.              However, in her statement under

          section 164 Cr.P.C., she took a U-turn and has stated that the

          petitioner had committed forcible sexual intercourse with her.

          Learned counsel for the petitioner submits that the statement of

          the victim recorded under section 161 Cr.P.C. was her previous

          statement whereas the statement under section 164 Cr.P.C. was

          made under the duress and influence of her parents. A

          statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent and is languishing in

          judicial custody since 22.03.2024.

                       5. During the course of investigation, medical

          examination of the victim was conducted and from perusal of

          the medical examination report, it is clear that the Doctor who
Patna High Court CR. MISC. No.13588 of 2026(4) dt.17-06-2026
                                            3/4




          conducted medical examination of the victim opined that the

          age of the victim is between 18-20 years and that she was

          pregnant at that time. It is further submitted that she has since

          given birth to a baby.

                       6. Countering the submissions advanced on behalf of

          the petitioner, learned counsel for the informant has

          vehemently opposed the bail and submitted that it is a case of

          rape with a minor girl and the trial is in progress. It is further

          stated that in this case only one witness has been examined. On

          being specifically asked, learned counsel submitted that the

          victim has been examined during the trial and has not

          supported the case of the petitioner.

                       7. Learned counsel has further relied upon paragraph

          ‘14’ of the judgment of the Honble Apex Court in the case of

          X v. State of Rajasthan which is being given hereunder:-

                          14. Ordinarily in serious offences like rape, murder,
                          dacoity, etc., once the trial commences and the prosecution
                          starts examining its witnesses, the Court be it the Trial
                          Court or the High Court should be loath in entertaining the
                          bail application of the accused.
                       8. Having heard the learned counsel for the parties

          and considering the facts and circumstances of this case as

          stated above, this court is not inclined to enlarge the petitioner

          on bail at this stage and, as such, his prayer for bail stands
            Patna High Court CR. MISC. No.13588 of 2026(4) dt.17-06-2026
                                                        4/4




                      rejected.

                                   9. However, the petitioner will be at liberty to renew

                      his prayer for bail after six months in the event that the trial is

                      not concluded by then or after the examination of the victim if

                      she supports the case of the petitioner whichever is earlier.



                                            (Ashok Kumar Pandey, J)
Sneha/-
U       T


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