Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126, 3(5), 351(2), 352, 64, 70
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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