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Patna High Court

Raushan Kumar @ Roushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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