Patna High Court
Ankit Kumar @ Ankit Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Ankit Kumar Jha was arrested on 30 January 2026 in connection with an alleged attempt to rape a woman, under Sections 64(1), 62 and 3(5) of the Bharatiya Nyay Sanhita (equivalent to IPC Sections 376(1), 511 and 34). The petitioner claimed he was falsely implicated, that the victim refused an internal medical examination, and that the co‑accused Krishna Kumar had already been granted bail. The prosecution opposed bail, noting the seriousness of the offences and that the petitioner had another pending case, though he was on bail in that matter. The court, considering the co‑accused’s bail and the petitioner’s arguments, ordered bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made subject to cancellation if the conditions were breached.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged attempt to commit rape and related offences under the Bharatiya Nyay Sanhita/IPC.
- Whether the fact that a co‑accused has been granted bail and the petitioner’s claim of false implication justify bail.
Legislation cited
- Bharatiya Nyay Sanhita — s. 3(5), 62, 64(1)
- Indian Penal Code — s. 34, 376(1), 511
Subjects
- bail
- rape
- attempt to commit rape
- false implication
- criminal procedure
- Bharatiya Nyay Sanhita
- Indian Penal Code
- co‑accused bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30779 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- MAHILA P.S. District- Saharsa
======================================================
Ankit Kumar @ Ankit Kumar Jha Son of Prem Mohan Jha Resident of
Village - Dibra, Brahman Toli, P.S.- Nauhatta, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyam Anand, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr.Satyam Anand, learned counsel for the
petitioner as well as Mr.Kumar Veerendra Narayan, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.01.2026 in connection with Saharsa (Mahila) P.S. Case No.
04 of 2026, F.I.R. dated 29.01.2026 for the offences punishable
under Sections 64(1), 62 and 3(5) of the Bharatiya Nyay Sanhita
corresponding to Sections 376(1), 511, 34 respectively of the
Indian Penal Code.
3. According to prosecution case, it is alleged that
some unknown persons tried to commit rape upon the informant
by luring when she went for her medical check-up in hospital.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. He
Patna High Court CR. MISC. No.30779 of 2026(2) dt.06-05-2026
2/3
next submits that due to some ulterior motive, the petitioner has
been made accused in the present case. He next submits that
medical examination of the victim was done only for the
purpose of age determination and the victim refused for any
internal examination. Further submits that co-accused namely
Krishna Kumar has been granted bail by this Court vide order
dated 04.05.2026 passed in Cr. Misc. No. 29483 of 2026. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 30.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
present one but fairly submits that the petitioner is on bail in the
said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and circumstances
and co-accused person has been granted bail by this Court, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Saharsa in connection with Saharsa
(Mahila) P.S. Case No. 04 of 2026, subject to the following
Patna High Court CR. MISC. No.30779 of 2026(2) dt.06-05-2026
3/3
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…