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Patna High Court

Parmanand KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, granting bail subject to the stipulated conditions.

Summary

Parmanand Kumar filed an application fearing arrest in CR No. 1077 of 2023, which alleged that he had committed rape under Section 376 of the IPC and a cyber offence under Section 66E of the IT Act. He contended that the complaint was false, motivated by the victim being the wife of a disgruntled former employee of his company, and that the police had earlier found the allegation to be baseless. The petitioner sought bail to avoid detention while the matter was pending before the Sub‑Divisional Judicial Magistrate. The Patna High Court, after hearing counsel for both sides, accepted the petitioner's claim of a fabricated case and the earlier police finding. Consequently, the court allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC. The order was pronounced on 17‑02‑2026.

Issues considered

  • Whether the petitioner is entitled to bail in a rape case under Section 376 IPC and Section 66E IT Act pending trial.
  • Whether the allegations against the petitioner are false and fabricated, warranting bail.

Legislation cited

Subjects

  • bail
  • rape
  • false complaint
  • Section 376 IPC
  • Section 66E IT Act
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33885 of 2025
                  Arising Out of PS. Case No.-1077 Year-2023 Thana- DARBHANGA COMPLAINT CASE
                                                    District- Darbhanga
                 ======================================================
                 Parmanand Kumar S/O Late Nageshwar Lal Deo R/O Tikapatti, Police
                 Station- Ali Nagar, Dist.- Darbhanga.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Amrita Devi W/O Pappu Kumar Deo R/O Tikapatti, Police Station- Ali
                 Nagar, Dist.- Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Satish Kumar Singh, Advocate
                 For the State          :      Mr.Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   17-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with C.R. Case No. 1077 of 2023 instituted under Sections 376

                   of the Indian Penal Code and Section 66E of the I.T. Act.

                                3. The petitioner is accused of committing rape with

                   the victim. The alleged victim has filed the complaint case.

                                4. It has been submitted by learned counsel for the

                   petitioner that the petitioner is the wife of a disgruntled

                   employee who was fired by the petitioner’s company and

                   therefore this false and fabricated case has been filed by her.

                   Earlier also, the police has found the allegation false.
           Patna High Court CR. MISC. No.33885 of 2025(8) dt.17-02-2026
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                                  5. Considering the aforesaid facts, this application is

                     allowed.

                                  6. Accordingly, in the event of arrest or surrender

                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Sub-

                     Divisional Judicial Magistrate, Darbhanga/ concerned Court in

                     connection with C.R. Case No. 1077 of 2023, subject to the

                     conditions laid down in Section 482 of the BNSS/ 438(2) of the

                     Code of Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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