Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the petitioner’s alleged participation in the gang‑rape was deemed material and serious.
Summary
The petitioner, Ravi Kumar, sought anticipatory bail in a case registered under Sections 70(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was implicated in a gang‑rape offence. The prosecution alleged that the petitioner facilitated the hand‑over of the victim to co‑accused who then committed the rape. The Court examined the gravity of the allegations and the petitioner’s specific role in the alleged crime. Finding that the petitioner’s involvement was material and serious, the Court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks and apply for regular bail, with a warning that failure to do so would lead to his arrest. The order was limited to the present application and does not prejudice any future proceedings.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 70(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged involvement in a gang‑rape.
- Whether the petitioner’s alleged role in facilitating the victim’s hand‑over disqualifies him from the benefit of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 61(2), 70(1)
Subjects
- anticipatory bail
- gang rape
- sexual offences
- Bharatiya Nyaya Sanhita
- Section 70
- Section 61
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15835 of 2026
Arising Out of PS. Case No.-113 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Ravi Kumar s/o- Dilip Singh village- Kumar P.S. Sikandra District- Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. PN Shahi, Sr. Advocate
Mr. Khushi Awadh
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard the learned Senior Counsel for the petitioner
and the learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kabaiya P.S. Case No. 113 of 2025 registered for offences
under Sections 70(1) and 61(2) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner along
with other co-accused persons is alleged to have committed
gang rape upon the victim girl and also extended threats of dire
consequences. It is further alleged that the victim girl left her
house and was subsequently taken by one Ravi Kumar, who
handed her over to other co-accused persons, who thereafter
committed gang rape upon her.
4. Considering the nature and gravity of the
Patna High Court CR. MISC. No.15835 of 2026(2) dt.24-04-2026
2/2
allegations and the specific role attributed to the petitioner in
facilitating the victim being handed over to the co-accused
persons, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner.
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 two weeks from today and seek regular
bail, failing which the Superintendent of Police, Lakhisarai 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, Lakhisarai through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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