Patna High Court
Niraj Baitha @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused for the petitioners.
Summary
The petitioners, four men from Sitamarhi, sought anticipatory bail after being implicated in a gang rape case registered under Sections 70(2) and 351(3) of the Bharatiya Nyaya Sanhita, Section 4 of the POCSO Act, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The FIR alleged that they had committed the offence with the informant, and the victim’s statement recorded under Section 183 of the BNSS supported the prosecution. The court examined the seriousness of the allegations, the gravity of the offences, and the victim’s recorded statement. Considering these factors, the court found that the petitioners did not merit relief from arrest. Consequently, the anticipatory bail petition was refused, and the petition was dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners accused of gang rape under the Bharatiya Nyaya Sanhita, POCSO Act and SC/ST (Prevention of Atrocities) Act
Legislation cited
- Bharatiya Nyaya Sanhita — s. 351(3), 70(2)
- Protection of Children from Sexual Offences Act — s. 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- anticipatory bail
- gang rape
- sexual offences
- POCSO
- SC/ST atrocities
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5153 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- MAHILA P.S. District- Sitamarhi
======================================================
1. Niraj Baitha @ Niraj Kumar Son of Naresh Baitha Resident of Village-
Kamaldah, Korigama Tola Ward No. 05, P.S. -Bathnaha, District- Sitamarhi,
2. Jitendra Mahto @ Jitendra Kumar Son of Bhola Mahto Resident of Village-
Kamaldah, Korigama Tola Ward No. 05, P.S. -Bathnaha, District- Sitamarhi,
3. Harishankar Mahto @ Harishankar Kumar son of Harinarayan Mahto
Resident of Village- Kamaldah, Korigama Tola Ward No. 05, P.S. -Bathnaha,
District- Sitamarhi,
4. Rama Ram @ Ramchandra Kumar son of Chandeshwar Ram Resident of
Village- Kamaldah, Korigama Tola Ward No. 05, P.S. -Bathnaha, District-
Sitamarhi,
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ Daughter of ZZ Resident of Village- Kamaldah, Korigama Tola Ward
No. 05, P.S. -Bathnaha, District- Sitamarhi,
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Sitamarhi Mahila P.
S. Case No. 62 of 2025 registered for the offences punishable
under Sections 70(2), 351(3) of the Bharatiya Nyaya Sanhita,
Section 4 of the Protection of Children from Sexual Offences
Act and Sections 3(2)(v) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act.
Patna High Court CR. MISC. No.5153 of 2026(2) dt.03-02-2026
2/2
3. As per F.I.R., these petitioners are alleged to have
committed gang rape with the informant. Victim in her
statement recorded under Section 183 BNSS has supported the
prosecution case.
4. Considering the nature of accusation, gravity of the
offence and statement of the victim recorded under Section 183
BNSS, prayer for anticipatory bail of the petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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