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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the court found no specific allegation against him and considered the circumstances of his custody.

Summary

The petitioner, Pramod Kumar, was arrested in connection with FIR No.655 of 2024 alleging assault, attempted rape and related offences under Sections 75(2), 76, 115(2), 351(2), 352 and 127(2) of the Bihar Narcotic Substances Act, 2023. He contended that he is the husband of the informant, that the allegations primarily target the informant’s father‑in‑law, and that he has been falsely implicated. The State opposed his bail, relying on the FIR and the charge‑sheet. The learned counsel for the petitioner argued that there is no specific allegation against him and that he has been in custody since 9 September 2025. After examining the FIR, the earlier case under IPC Section 498A, and the lack of direct accusation, the Court was inclined to grant bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the FIR alleging offences under the Bihar Narcotic Substances Act, 2023.
  • Whether the petitioner is specifically implicated in the alleged assault and attempted rape, or merely named due to his relationship with the informant.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • IPC 498A
  • assault
  • attempted rape
  • FIR
  • husband-wife relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.270 of 2026
                       Arising Out of PS. Case No.-655 Year-2024 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Pramod Kumar, Male, aged about 26 years, Son of Kishori Yadav, Resident of
                 Village- Bikram Bigha Police Station- Belaganj District- Gaya.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Anu Kumari, Wife of Pramod Kumar, Resident of Village- Bikram Bigha,
                  P.S.- Belaganj District- Gaya.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Dr. Indiwar Kumari, APP
                 ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Belaganj P.S. Case No. 655 of 2024 instituted for the offences

                   punishable under Sections 75(2), 76, 115(2), 351(2), 352 and

                   127(2) of the BNS, 2023.

                                3. As per allegation in the FIR, it is case of assault

                   upon the informant and her father-in-law, locked the door of the

                   room of the informant and entered inside her room and made

                   effort to commit rape upon the informant and thereafter the

                   informant could save her prestige and fled away from the place

                   of occurrence.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has
Patna High Court CR. MISC. No.270 of 2026(2) dt.15-01-2026
                                            2/3




          falsely been implicated in this case. He submits that the

          petitioner is the husband of the informant. He further submits

          that the informant married to the petitioner according to Hindu

          rites and customs. Petitioner is in custody since 09.09.2025.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. From perusal of the FIR and impugned order of the

          learned District and Additional Sessions Judge-XVth, Gaya Jee

          dated 01.11.2025, it appears that petitioner is named in the FIR.

          From perusal of the records, it also appears that on the basis of

          written report of the informant Anu Kumari, FIR has been

          registered under Sections 75(2), 76, 115(2), 351(2), 352 and

          127(2) of the BNS, 2023 against five co-accused persons

          including the present petitioner. It also appears that the

          petitioner is the husband of the informant and there is no any

          specific allegation against the petitioner. Earlier one case was

          also registered by the informant under Section 498A of the

          Indian Penal Code and in that case petitioner is on bail on the

          basis of compromise, as submitted by learned counsel for the

          petitioner. From perusal of the FIR, it also appears that there is a

          specific and serious allegation against the father-in-law of the

          informant and not the present petitioner. Petitioner is in custody
            Patna High Court CR. MISC. No.270 of 2026(2) dt.15-01-2026
                                                        3/3




                      since 09.09.2025 as mentioned in para 3 of the petition, so

                      considering all these aspects of the case and submission of

                      learned counsel for the petitioner, I am inclined to grant bail to

                      the petitioner.

                                   7. Accordingly the prayer for bail of the petitioner is

                      allowed. Let the petitioner above named be released on bail on

                      furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Chief Judicial Magistrate, Gaya Jee in connection with Belaganj

                      P.S. Case No. 655 of 2024.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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