Patna High Court
Sajal Rai @ Sajal RoyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied.
Summary
The petitioner, Sajal Rai, sought anticipatory bail fearing arrest in a case (PS No. 280 of 2021) filed under IPC sections 342, 366, 376 and 323, alleging forced sexual relations with the informant. He contended that both he and the victim are from Bengal and that he has been falsely implicated. The court examined the seriousness of the allegations and the direct charge against the petitioner. Considering the gravity of the offences, the judge was not inclined to grant anticipatory bail. Consequently, the anticipatory bail application was dismissed, with a direction that if the petitioner surrenders within four weeks, a regular bail application may be considered by the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Indian Penal Code — s. 323, 342, 366, 376
Subjects
- anticipatory bail
- IPC sections 342, 366, 376, 323
- sexual assault
- false implication
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5114 of 2026
Arising Out of PS. Case No.-280 Year-2021 Thana- GANDHIMAIDAN District- Patna
======================================================
Sajal Rai @ Sajal Roy S/o- Sunil Rai Village- Nauhatta, P.S- Gopalpur, Dist.-
Uttari 24 Pargana, West Bengal, P/A- Amresh Kumar Near Micro Lab,
Belwar Gali Ps- Gandhi Maidan, Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Informant Wife of Shekhar Kirtania Resident of Chhatu Gachhi, P.S-
Chakadha,District- Nadia, West Bengal (Kolkata).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjiv Sharan, Advocate
For the State : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Gandhi Maidan P.S. Case No. 280 of 2021 instituted
under Sections 342, 366, 376 and 323 of the Indian Penal
Code.
3. The petitioner is accused of forcibly establishing
sexual relationship with the victim-informant.
4. Learned counsel for the petitioner submits that
both the petitioner and the victim belongs to Bengal and the
petitioner has been falsely implicated in this case.
5. Considering the direct allegation against the
Patna High Court CR. MISC. No.5114 of 2026(4) dt.10-03-2026
2/2
petitioner, I am not inclined to grant anticipatory bail to the
petitioner.
6. Accordingly, the application stands dismissed.
7. If the petitioner surrenders within four weeks from
today and prays for regular bail, the same shall be considered
by the Court below in accordance with law without being
prejudiced by the present order.
(Sandeep Kumar, J)
P. Kumar
U T
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