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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because a specific allegation of rape recorded under Section 183 of the Bharatiya Nyaya Sanhita warranted the petitioner’s continued custody.

Summary

The petitioner, Rohit Kumar, was arrested in connection with a rape case (Case No. 118 of 2025) under Sections 64(2), 127 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, claiming innocence, lack of prior criminal record, and that the charge‑sheet had already been filed. The State opposed bail, pointing to a specific allegation of rape recorded in the victim's statement under Section 183 of the B.N.S.S. The High Court, noting the presence of a specific allegation in the victim's statement, refused bail and ordered the trial court to expedite the trial within a year without unnecessary adjournments. The bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a rape case where a specific allegation is recorded in the victim's statement under Section 183 of the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • bail
  • rape
  • Bharatiya Nyaya Sanhita
  • Section 183
  • victim statement
  • criminal trial
  • adjournment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2186 of 2026
                    Arising Out of PS. Case No.-118 Year-2025 Thana- KHUDAGANJ District- Nalanda
                 ======================================================
                 Rohit Kumar, S/O Surendra Chaudhary, R/O village - Khodaganj, P.S. -
                 Khudaganj, Dist. - Nalanda.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Dev Nanti Devi, W/O Raj Nandan Yadav, R/O village – Vishnu Bagicha
                 Khudaganj, P.S. - Khudaganj, Dist. - Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar Roy, Adv.
                 For the Opposite Party/s :      Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   19-03-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Khudaganj P.S. Case No. 118 of 2025 dated 30.07.2025

                   registered for the offence punishable under Sections 64(2),

                   127 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner is that he

                   has committed rape of the daughter of the informant.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that there is specific allegation of

                   rape against the petitioner in the statement of the victim
            Patna High Court CR. MISC. No.2186 of 2026(4) dt.19-03-2026
                                                        2/2




                      recorded under Section 183 of the B.N.S.S.. The petitioner

                      is in custody since 31.07.2025, having no criminal

                      antecedent and charge-sheet has been submitted in the case.

                                   5. Learned A.P.P for the State opposes the prayer

                      for bail of the petitioner.

                                   6. Since there is specific allegation against the

                      petitioner in the statement of the victim recorded under

                      Section 183 of the B.N.S.S., I am not inclined to grant bail

                      to the petitioner at this stage.

                                   7. Accordingly, the prayer of the petitioner for

                      grant of bail is rejected.

                                   8. The learned Trial Court is directed to take all

                      endeavour to conclude the trial at the earliest, preferably,

                      within one year from the date of receipt/production of a

                      copy of this order without granting any unnecessary

                      adjournment.

                                   9. This application stands dismissed.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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