Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 96
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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