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Patna High Court

Krishna Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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/-

U        T


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