Patna High Court
Anoj Kumar @ Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court rejected the petition for anticipatory bail, directing the petitioner to surrender.
Summary
The petitioner, Anoj Kumar, sought anticipatory bail in a case where he was accused of kidnapping and raping a woman, allegations recorded in FIR No. 203 of 2025 under Sections 104(4), 70(1), 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that he was innocent, that the victim was a consenting adult involved in a love affair with a co‑accused, and that the FIR stemmed from a prior land dispute. The State opposed bail, emphasizing the victim’s statement under Section 183 that the petitioner actively participated in the kidnapping and that the crime appeared to be a gang rape. The Court, after hearing both sides, declined to grant anticipatory bail, finding the allegations serious enough to warrant surrender. It directed the petitioner to surrender within six weeks and instructed the trial court to consider any bail application on its merits thereafter.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the rape and kidnapping allegations.
- Whether the FIR is frivolous and motivated by a land dispute, justifying bail.
- Whether the court can reject anticipatory bail and order surrender of the accused.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 104(4), 183, 3(5), 351(2), 70(1)
Subjects
- anticipatory bail
- rape
- kidnapping
- Bhartiya Nyaya Sanhita 2023
- criminal procedure
- FIR
- gang rape
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15808 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- RUPAULI District- Purnia
======================================================
Anoj Kumar @ Anuj Kumar Son of Subodh Yadav @ Boku Yadav Resident
of village- Maini, Yadav Nagar, Ward No 5, PS- Rupauli, District- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Rupuali P.S. Case No. 203 of 2025, dated 29.11.2025,
lodged under Sections 104(4), 70(1), 351(2) and 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”), pending before the Court of ACJM-II, Purnea.
3. As per the prosecution, the FIR has been lodged
against two named accused persons, including the present
petitioner, alleging that both the accused persons committed
rape upon the informant (victim).
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.15808 of 2026(2) dt.25-03-2026
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further submits that the antecedents of the petitioner are clean.
He further submits that the informant (victim) is a major girl
and was having a love affair with one of the co-accused, namely,
Bhantun Kumar. He further submits that the petitioner neither
kidnapped nor committed rape upon the informant (victim), and
the FIR has been lodged only on account of a previous land
dispute between the parties.
5. Learned APP for the State, on the other hand,
vehemently opposes the prayer for bail of the petitioner and
submits that there is a direct and specific allegation of rape
against the petitioner and the co-accused Bhantun Kumar. The
informant (victim), in her statement under Section 183 of
BNSS, 2023, categorically stated that the petitioner played an
active role in kidnapping her after tying a towel over her mouth
at the point of a knife. Counsel further submits that it has been
categorically stated in the rejection order that the incident
appears to be a gang rape carried out in furtherance of common
intention.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
Patna High Court CR. MISC. No.15808 of 2026(2) dt.25-03-2026
3/3
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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