Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted to the petitioner given the seriousness of the allegations.
Summary
The petitioner, Ranjan Kumar, applied for regular bail in a case (Gardanibagh P.S. Case No. 418 of 2024) involving offences under Sections 64, 303(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He is alleged to have arranged the rape of his wife, stolen her mobile phone and cash, and continuously harassed and tortured her, including entering into a second marriage without divorce. The petitioner's own recording of the incident and the seriousness of the allegations were highlighted. The Court examined the nature and gravity of the charges, noting the petitioner’s custody since 22‑12‑2025 and the filed charge‑sheet. Considering these factors, the Court declined to grant regular bail, emphasizing that its observations were prima facie and not a determination on the merits. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the alleged offences of arranging rape, theft, domestic violence and bigamy under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 3(5), 351(3), 64
Subjects
- bail
- regular bail
- criminal law
- rape
- theft
- domestic violence
- bigamy
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28571 of 2026
Arising Out of PS. Case No.-418 Year-2024 Thana- GARDANIBAG District- Patna
======================================================
Ranjan Kumar S/o Brahmdev Prasad Resident of New Yarpur, Kharatoli, P.O.
- Anishabad, P.S. - Gardanibagh, Dist. - Patna(Bihar), 800002, Aadhar No.
481085691745.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pinki Devi W/o Ranjan Kumar R/o New Yarpur, Kharartoli, P.O. - Anisabad,
P.S. - Gardanibagh, Dist. - Patna(Bihar), 800002.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roushan Kumar
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
======================================================
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
Gardanibagh P.S. Case No. 418 of 2024 registered for the
offence under Sections 64, 303(2), 351(3) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The petitioner is the husband of the victim. It is
alleged that he arranged for the victim, his own wife, to be raped
by an unknown person who is also said to have snatched her
mobile phone and cash amounting to Rs. 7,000/- before fleeing
from the scene. The entire occurrence is stated to have been
recorded by the petitioner himself. It is further alleged that the
Patna High Court CR. MISC. No.28571 of 2026(2) dt.11-05-2026
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petitioner had been continuously harassing and torturing his
wife for which she had earlier instituted a case against him. The
informant has also alleged that the petitioner solemnized a
second marriage without obtaining a divorce from the
informant. The petitioner is in custody since 22.12.2025. The
police has filed the charge-sheet against the petitioner.
4. Considering the aforesaid facts and circumstances
and the nature and seriousness of the allegations levelled against
the petitioner, this Court is not inclined to grant regular bail to
the petitioner.
5. Accordingly, this application for regular bail stands
rejected.
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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