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Patna High Court

Ranjeet Kumar @ Ranjit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner on the condition of a bail bond and sureties.

Summary

The petitioner, Ranjeet Kumar, was arrested in a case of alleged rape under Sections 64, 329(4) and 351(2) of the B.N.S., 2023. The prosecution alleged that he entered the victim's house at gunpoint, committed rape, and fled when the victim's husband arrived, after which he was detained. The victim’s statement recorded under Section 183 of the B.N.S. contradicted the FIR, stating that the petitioner only pulled her and was later locked in a room. The petitioner’s counsel highlighted the familial relationship between the petitioner and the victim and the inconsistency between the FIR and the victim’s statement, seeking bail. The State opposed bail, but the court, after considering the contradictions and the circumstances, granted bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused in a rape case despite the seriousness of the offence and contradictory statements.

Legislation cited

Subjects

  • bail
  • rape
  • contradictory statements
  • Section 183
  • Section 64
  • Section 329(4)
  • Section 351(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14024 of 2026
                        Arising Out of PS. Case No.-82 Year-2025 Thana- KIUL District- Lakhisarai
                 ======================================================
                 Ranjeet Kumar @ Ranjit Kumar S/O Janardhan Mandal R/O Village -
                 Banshipur, Pacham, P.S- Kiul ,District - Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amrit Abhijat
                 For the Opposite Party/s :        Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   15-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in Kiul P.S. Case No. 82

                   of 2025 registered for the offence punishable under Sections-64,

                   329(4), 351(2) of the B.N.S. ,2023.

                                3. The prosecution story, in short, is that the petitioner

                   (cousin brother-in-law of the informant) used to commit rape

                   upon her. On 25/09/2025, the petitioner forcibly entered into

                   house of the informant and started committed rape upon her on

                   the gunpoint. It is further stated that in the meanwhile, the

                   informant's husband came home. Seeing this, Petitioner started

                   running away, but informant's husband caught him and bolted

                   him in the room. Thereafter, the police was informed and the

                   petitioner was taken into custody.
Patna High Court CR. MISC. No.14024 of 2026(3) dt.15-04-2026
                                            2/3




                       4. It has been submitted on behalf of the petitioner

          that during course of investigation, the statement of the victim

          was recorded under Section-183 of the BNSS wherein she has

          stated that on the date of occurrence, the petitioner came on the

          roof where the informant was present. Meanwhile, the husband

          of the informant arrived there and the petitioner was bolted in

          the room. Learned counsel for the petitioner has submitted that

          according to FIR, on the date of occurrence also, the petitioner

          had committed rape whereas as per the statement of the victim

          recorded under Section-183 of the BNSS, he had only pulled

          her. Learned counsel for the petitioner has submitted that the

          petitioner and the informant are related to each other. The

          petitioner is cousin brother-in-law which is evident from the

          statement of the victim recorded under Section-183 of the BNSS

          and there was good relationship between them but it seems that

          as the husband had seen the petitioner on the roof, the petitioner

          was bolted in a room and police was informed.            There is

          contradiction in the statement of the victim recorded under

          Section-183 of the BNSS and the contents of the FIR.

                       5. Learned APP has vehemently opposed the prayer

          for bail.

                       6. Considering the aforesaid facts and circumstances,
            Patna High Court CR. MISC. No.14024 of 2026(3) dt.15-04-2026
                                                        3/3




                      let the petitioner named above, be released on bail on furnishing

                      bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Lakhisarai in connection with Kiul P.S. Case No. 82

                      of 2025.



                                            (Ashok Kumar Pandey, J)
A.K.V.//-

U      T


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