Patna High Court
Avinash kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the allegations were specific, serious, and supported by the victim’s statement.
Summary
Avinash Kumar filed an anticipatory bail petition fearing arrest in a case registered under Section 64(1) of the B.N.S. The prosecution, based on a complaint by a married woman (wife of Devendra Kumar), alleged that Kumar had repeatedly raped her at gunpoint, resulting in a pregnancy, and her statement was recorded under Section 180 of the B.N.S.S. The petitioner pleaded innocence, claiming false implication and a clean record. The State and the informant opposed bail, emphasizing the specific and grave nature of the accusation and the victim’s corroborated statement. After considering the seriousness of the offence, the direct accusations, and the victim’s testimony, the Court rejected the petition for anticipatory bail. Consequently, the petitioner’s request for protection from arrest was denied.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged rape committed at gunpoint under Section 64(1) of the B.N.S.
Legislation cited
Subjects
- anticipatory bail
- rape
- gunpoint
- Section 64(1) B.N.S.
- Section 180 B.N.S.S.
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4380 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Avinash kumar Son of Late Dinesh Singh Resident of Village - Shitalpatti,
P.S. - Chiraiya, Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Wife of Devendra Kumar Resident of Village - Shitalpatti, P.S. -
Chiraiya, Dist. - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Advocate
For the State : Mr. Ram Naresh Ray, APP
For the Informant : Mr. Manu Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant/Opposite
Party No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 64(1) of the
B.N.S..
3. As per prosecution case, informant, who is a
married lady, alleged that her husband was living in Delhi for
his livelihood and taking advantage of the situation, this
petitioner committed rape upon her on several occasions on the
point of pistol as a result of which, she became four months
Patna High Court CR. MISC. No.4380 of 2026(2) dt.19-02-2026
2/2
pregnant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case with ulterior motive. Petitioner claims clean
antecedents.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant/Opposite Party No. 2 have
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation that on the point of pistol, he
committed rape upon the victim on several occasions. The
victim in her statement recorded under Section 180 of the
B.N.S.S. has supported the prosecution case.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and statement of the victim, the prayer for grant of anticipatory
bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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