Patna High Court
Raushan Kumar @ Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Raushan Kumar, was charged under Sections 117(2), 126(2), 109(1), 74 and 76 of the BNS for allegedly forcing a sexual relationship with an eight‑month‑pregnant girl, threatening her with a knife and assaulting her. The petitioner claimed he was falsely implicated, argued that the alleged injuries were not corroborated, and asserted that the relationship was consensual. The State opposed bail, while the petitioner’s counsel highlighted the lack of medical evidence of the claimed injuries and the petitioner’s prior bail case. After considering the charge sheet, the period of custody, and the submissions of both parties, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order also imposed attendance requirements and a provision for cancellation upon non‑compliance.
Issues considered
- Whether bail should be granted in a case involving alleged sexual assault and related offences under the BNS.
- Whether the prosecution’s allegation of knife‑induced injuries is substantiated by medical evidence.
- Whether the petitioner’s prior case and period of custody justify denial of bail.
Legislation cited
- Bihar Negotiable Securitization Act — s. 480(3)
- Bihar Negotiable Statutes — s. 109(1), 117(2), 126(2), 74, 76
Subjects
- bail
- sexual assault
- forced relationship
- knife threat
- injury evidence
- Section 480(3)
- criminal procedure
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32385 of 2026
Arising Out of PS. Case No.-130 Year-2025 Thana- GADHPURA District- Begusarai
======================================================
Raushan Kumar @ Roushan Kumar S/o Late Rambalak Paswan @ Rambalak
Paswan R/o- Village- Bhansi, P.S.- Gadhpura (Garhpura), District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Md.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Garhpura P.S. Case No. 130 of 2025, registered
for the offences under Sections 117(2), 126(2), 109(1), 74, 76 of
the BNS.
3. As per the prosecution case, in the early morning of
29.11.2025, the petitioner entered into the house of the
informant and forcibly tried to establish physical relationship
with eight month old pregnant daughter of the informant. When
she opposed, she was threatened by the petitioner with knife
who also assaulted her on abdomen and gave knife blow on the
right hand of the daughter of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.32385 of 2026(2) dt.12-05-2026
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petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. The FIR has been registered after
two days of the occurrence and it shows deliberation and
afterthought. There is specific allegation against the petitioner
that he assaulted the daughter of the informant by way of knife
on her abdomen and on her right hand but no sharp cut injury
was received by the daughter of the informant over her abdomen
or her right hand. Rather there is no injury on abdomen and only
injury is a lacerated wound on left hand ring finger caused by
hard and blunt object and the said injury is stated to be simple.
Learned counsel further submits that the prosecution story is not
believable that the petitioner forcibly tried to establish physical
relationship with the daughter of the informant rather it appears
to be a case of consensual relationship and they were caught by
the informant and her family members. The petitioner is having
antecedent of one case in which he is on bail and he is in
custody since 02.12.2025. Charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
Patna High Court CR. MISC. No.32385 of 2026(2) dt.12-05-2026
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petitioner, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned JMFC, Begusarai/concerned court, in
connection with Garhpura P.S. Case No. 130 of 2025, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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