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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the serious rape allegation warranted the petitioner’s continued detention.

Summary

Rahul Kumar was arrested in connection with a case registered under sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging kidnapping, assault and rape of a 17‑year‑old girl. The informant claimed his daughter was abducted due to a love affair, and the daughter later gave a statement under section 183 alleging kidnapping, assault and rape by the petitioner. The petitioner’s counsel argued that the accusation was false, the girl was over 18, and the petitioner had no prior criminal record. The State opposed bail, emphasizing the serious nature of the rape allegation recorded in the victim’s statement. After hearing both sides, the court declined to grant regular bail, finding the allegations sufficient to justify continued custody.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving alleged kidnapping, assault and rape under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20504 of 2026
                       Arising Out of PS. Case No.-136 Year-2025 Thana- RAUTARA District- Katihar
                 ======================================================
                 Rahul Kumar S/O Satyanand Sah R/O Village- Sonar Tola, Ward NO.- 13,
                 P.S.- Kashba, District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Pd. Singh, Sr. Advocate
                                                   Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   07-05-2026                   Heard learned Senior counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Rautara P.S. Case no.

                   136 of 2025 registered under sections 137(2), 96 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that his 17 year old daughter was kidnapped by the petitioner as

                   a result of love affair. He further states that on going to make

                   enquiries, the informant was abused and threatened.

                                 4. Learned Senior counsel appearing for the petitioner

                   submits that the petitioner has been falsely implicated in the case.

                   The daughter of the informant returned and refused medical
           Patna High Court CR. MISC. No.20504 of 2026(3) dt.07-05-2026
                                                       2/2




                     examination. As per the matriculation certificate, she is over 18 years

                     of age. It is a case of love affair between the parties. The petitioner is

                     in custody since 28.8.2025 and has no criminal antecedent.

                     Chargesheet has been submitted in the case and he undertakes to

                     cooperate in the investigation/trial.

                                  5. The application for bail is opposed by learned APP

                     for the State who submits that on return, the statement of the

                     daughter of the informant was recorded under section 183 of the

                     B.N.S.S. wherein she has made specific allegation against the

                     petitioner of having kidnapped her as also of assault and him

                     committing rape on her.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegation of rape against the

                     petitioner as per the statement of the victim daughter of the

                     informant recorded under section 183 of the B.N.S.S., the Court

                     is not inclined to enlarge the petitioner on bail and the application is

                     rejected.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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