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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Jitendra Kumar, applied for regular bail in a case registered under Mahila P.S. No. 72 of 2024, alleging his involvement in rape and related offences. The charges pertain to Sections 126, 115(2), 64, 70, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court noted that the allegations are serious and that prima facie material exists linking the petitioner to the crimes. Considering the gravity of the offences and the presence of a victim, the court was not inclined to grant bail at this stage. Consequently, the bail application was rejected, with liberty to re‑apply after the victim’s deposition is recorded, and the court clarified that its observations are limited to the bail application and do not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the accused in a rape case involving multiple serious offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • rape
  • serious offence
  • prima facie evidence
  • Bharatiya Nyaya Sanhita
  • victim deposition
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28567 of 2026
                    Arising Out of PS. Case No.-72 Year-2024 Thana- MAHILA P.S. District- Muzaffarpur
                 ======================================================
                 Jitendra Kumar S/o Manoj Ram R/o Village- Panapur, P.S.- Minapur, District-
                 Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Kant Singh
                 For the Opposite Party/s :        Mr. Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-05-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Mahila P.S. Case No. 72 of 2024 registered for the offence

                   under Sections 126, 115(2), 64, 70, 351(2), 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner is that he along

                   with his associates committed rape upon the victim girl. The

                   petitioner is in custody since 21.11.2024.

                                4. The allegations against the petitioner are serious

                   and grave in nature. There exists prima facie material against

                   the petitioner indicating his involvement in the commission of

                   the offence.

                                5. Considering the nature and the gravity of the
            Patna High Court CR. MISC. No.28567 of 2026(2) dt.11-05-2026
                                                        2/2




                      allegation, this Court is not inclined to grant regular bail to the

                      petitioner. Accordingly, this application for regular bail stands

                      rejected with liberty to the petitioner to renew his prayer for bail

                      after the deposition of the victim is recorded.

                                   6. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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