Patna High Court
Parwesh Kumar @ Parwesh Kumar Rocky @ Prawesh Kumar RockyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Parwesh Kumar, was arrested in connection with a rape allegation made by his cousin sister-in-law, alleging an incident in 2021 and a delayed FIR filed in 2026. The petitioner contended that the allegation was false, arising from a family dispute, and highlighted the five‑year delay, the victim's adult status, and a purported compromise between the parties. The prosecution opposed bail, citing the seriousness of the offences under Sections 64 and 123 of the Bhartiya Nyaya Sanhita. The court examined the delay, the familial relationship, and the alleged compromise, and concluded that these factors warranted the grant of bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether bail should be granted in a rape case under Sections 64 and 123 of the Bhartiya Nyaya Sanhita despite a five‑year delay in filing the FIR.
- Whether the alleged compromise between the petitioner and the informant affects the grant of bail.
- Whether the victim's adult status and claim of false allegation influence the bail decision.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 123, 183, 64
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- rape
- false allegation
- delay in FIR
- compromise
- Criminal Procedure Code
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- sections 64, 123, 438, 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40175 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- MAHILA P.S. District- Purnia
======================================================
Parwesh Kumar @ Parwesh Kumar Rocky @ Prawesh Kumar Rocky, S/o
Shivanand Modi, R/o Village - Ward No.08, Modi Tola, P.S. - Kasba, District
- Purnea
... ... Petitioner
Versus
1. The State of Bihar
2. Ritu Kumari, D/o Munna Prasad Sah, R/o Village - Madarghat Ward No. 19,
P.S. - Kasba, District - Purnea
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
For the Informant : Mr. Rakesh Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State duly
assisted by learned counsel for the informant.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Mahila P.S. Case
No.04 of 2026 registered under Sections 64 and 123 of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).
3. Allegation against petitioner is to commit rape
upon informant in the year 2021, while she visited the house
of the petitioner, who is cousin brother-in-law (Jija) and also
to capture the obscene photographs. It is alleged that rape
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was committed after making her unconscious. It is also
alleged that the petitioner regularly thereafter threatening
her to make the video viral, who alleged to made viral in the
year 2026, whereafter the present FIR was lodged.
4. It is submitted by learned counsel appearing for
petitioner that admittedly the petitioner is a relative of the
informant and due to certain family disputes, he was
implicated falsely after taking advantage of home visit of
petitioner by informant/victim in August 2021. It is pointed
out that for long five years, no allegation was raised and in
the year 2026, due to certain family disputes, the present
false allegation was raised. It is also pointed out that even
from the statement of victim recorded under Section 183 of
the BNSS, it cannot be gathered safely that the
rape/penetrative sexual assault was committed upon her. It
is submitted that the victim was major even in the year
2021, as by the time of lodging FIR, she was of 23 years
and, therefore, it can be said that this is a case, maximum of
extra marital affairs. It is submitted that when petitioner
persuaded the informant to meet him after fixing of marriage
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of informant with someone else, the present false case was
lodged under apprehension that she might be defame.
5. Arguing further, it is submitted that the dispute
and differences, which creates misunderstanding between
the parties now appears compromised. The petitioner
claimed clean antecedent.
6. Learned APP duly assisted by Mr. Rakesh
Kumar Jha, learned counsel for the informant while opposing
the prayer of bail also submitted that the dispute and
differences, which creates misunderstanding between the
parties now appears compromised.
7. In view of aforesaid factual submissions and by
taking note of fact as FIR in issue was lodged after five
years of the alleged occurrence, where admittedly the parties
are relatives, coupled with the fact that the disputes and
differences now appears compromised between the parties in
view of the submission made by learned counsel for the
parties, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
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on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Purnea
in connection with Mahila P.S. Case No.04 of 2026, subject
to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure (in short ‘CrPC’)/under Section
482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in
short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
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