Patna High Court
Krishna Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied regular bail, holding that the serious nature of the allegations and the victim’s corroborating statement preclude granting bail.
Summary
Krishna Kumar Yadav applied for regular bail in a Sessions trial concerning alleged rape, intoxication of a drink, and extortion under sections 64, 78, 308(2), 351(2) and 352 of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that Yadav, a distant relative of the complainant, drugged her drink during Chhath, raped her, photographed her, and attempted to extort Rs. 15 crore, later receiving Rs. 2 lakh, and again attempted rape during Dussehra. The petitioner claimed false implication, highlighted a two‑month delay in filing the complaint, and offered cooperation with the investigation. The State opposed bail, citing the victim’s recorded statement under section 183 supporting the allegations. After hearing both sides, the Court found the allegations serious and substantiated, and therefore denied the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving alleged rape, intoxication, and extortion under the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 183, 308(2), 351(2), 352, 64, 78
Subjects
- regular bail
- rape
- sexual assault
- extortion
- Bhartiya Nyaya Sanhita
- section 183 statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29303 of 2026
Arising Out of PS. Case No.-465 Year-2024 Thana- RAJNAGAR District- Madhubani
======================================================
Krishna Kumar Yadav S/o Ram Balak Yadav R/o village - Fatehpur, PS-
Town Madhubani, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
Ms. Nitu Kumari, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sessions Trial no.198 of
2025, arising out of Rajnagar P.S. Case no.465 of 2024,
registered under sections 64, 78, 308(2), 351(2) and 352 of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner happens to be her distant relative. On the
occasion of chhath, he came to the informant’s house,
adulterated her drink and while the informant was in intoxicated
state, he committed rape on her. Thereafter, it is stated that he
took photographs of the informant in an objectionable condition
and tried to extort Rs. 15 crores from her, however the
Patna High Court CR. MISC. No.29303 of 2026(2) dt.07-05-2026
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informant gave him Rs. 2 lakhs. Once again on the occasion of
Dussehra, the petitioner made an attempt to rape her and
continued to give threats.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No such
occurrence as alleged in the FIR has taken place. The allegations
of the petitioner having made objectionable video etc. are all
false and concocted. There is an unexplained delay of two
months in filing of the complaint. No date and time of the
occurrence has been given. The petitioner is in custody since
7.12.2024 and undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP
for the State. It is submitted that besides there being direct
allegation against the petitioner of having committed rape on the
informant, the allegations are supported by the informant in her
statement recorded under section 183 of the B.N.S.S.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner of
having intoxicated the drink of the informant and of having
committed rape on her together with the allegations having been
supported by the victim/informant in her statement under
section 183 of the B.N.S.S, the Court is not inclined to enlarge
Patna High Court CR. MISC. No.29303 of 2026(2) dt.07-05-2026
3/3
the petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Shiv/-
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