Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 127, 183, 3(5), 64(2)
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/-
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