Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court found the alleged offences to be of a serious and grave nature.
Summary
The petitioner, Rupesh Kumar, applied for anticipatory bail fearing arrest in a case registered under Sections 70(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act, alleging that he participated in the kidnapping of a minor who was subsequently raped by a co‑accused. The court examined the seriousness of the alleged offences, noting the involvement of a minor and the gravity of kidnapping and rape. Considering the nature of the crime, the bench was not inclined to extend the privilege of anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was directed to surrender within four weeks to seek regular bail, failing which the police would be directed to arrest him. The order was limited to the anticipatory bail application and does not prejudice any later proceedings.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 70(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act in view of the alleged kidnapping and rape of a minor.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- anticipatory bail
- kidnapping
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26771 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- GURARU District- Gaya
======================================================
Rupesh Kumar Son of Pravesh Yadav @ Ram Pravesh Yadav Resident of
Village - Raja Bigha, P.S.- Guraru, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Santosh Sao Son of Dinesh Sao Resident of Village - Mangrawa, P.S.-
Guraru, District - Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 17-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Guraru P.S. Case No. 02 of 2025 registered for offences under
Sections 70(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 4 of the POCSO Act.
3. The allegation against the petitioner is that he along
with other accused persons kidnapped the minor victim and with
the help of the accused persons including the petitioner, the co-
accused Rakesh Kumar committed rape with the minor victim.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
Patna High Court CR. MISC. No.26771 of 2025(6) dt.17-02-2026
2/2
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, failing which the Senior Superintendent of Police,
Gaya 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
Senior Superintendent of Police, Gaya through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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