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Patna High Court

Ramkrishna Sah @ Ramkrishna KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Ramkrishna Kumar, applied for anticipatory bail in a criminal case (PS Bela Case No. 199 of 2021) involving alleged offences under Sections 341, 323, 376 and 504/34 of the Indian Penal Code, including a direct allegation of rape. The court examined the seriousness of the charges and the presence of a direct allegation of rape. Considering the gravity of the offence, the court declined to grant anticipatory bail. The petitioner was ordered to surrender to the lower court within four weeks and to seek regular bail, with the possibility of a different order if a DNA test later favours him. The interim order dated 26‑11‑2025 was vacated, and the court clarified that its observations are limited to the present application.

Issues considered

  • Whether anticipatory bail should be granted in a case involving a direct allegation of rape and other serious offences under the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • Indian Penal Code
  • Criminal Procedure Code
  • high court
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13726 of 2025
                        Arising Out of PS. Case No.-199 Year-2021 Thana- BELA District- Sitamarhi
                 ======================================================
                 Ramkrishna Sah @ Ramkrishna Kumar Son of Nandlal Sah R/O-Village
                 -Laxmipur , Ward No-02,P.S-Bela, District -Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mahesh Sah Son of Pragash Sah Resident of Lakshmipur, P.S.- Bela, Distt.-
                 Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Kumar
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   10-03-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Bela P.S. Case No. 199 of 2021 registered for offences under

                   Sections 341, 323,376, 504/34 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is alleged

                   to have committed rape upon the victim. There is direct

                   allegation against the petitioner.

                                4. Considering the nature and the gravity of the

                   offence and also the direct allegation of committing rape against

                   the petitioner, this Court is not inclined to grant the privilege of

                   anticipatory bail to the petitioner in the present case.
            Patna High Court CR. MISC. No.13726 of 2025(8) dt.10-03-2026
                                                        2/2




                                   5. Accordingly, the application for anticipatory bail is

                      hereby rejected.

                                   6. The petitioner is directed to surrender in the court

                      below within a period of four weeks from today and seek

                      regular bail, failing which the Superintendent of Police,

                      Sitamarhi will take all steps for the arrest of the petitioner.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

                                   8. Let a copy of this order be communicated to the

                      Superintendent of Police, Sitamarhi through FAX for its

                      compliance forthwith.

                                   9. Interim order dated 26.11.2025 is hereby vacated.

                                   10. If the DNA test goes in favour of the petitioner,

                      appropriate order shall be passed by the Court below in the

                      regular bail in accordance with law.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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