Patna High Court
Saurabh Kumar @ Saurab KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Saurabh Kumar, was charged under sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly kidnapping and raping a 15‑year‑old minor. He applied for bail, arguing that there were no eye‑witnesses and that the FIR was lodged five days after the alleged incident without explanation, which he claimed rendered the prosecution case doubtful. The State opposed the bail, relying on the victim’s statement recorded under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court examined the seriousness of the offences and the evidentiary material, particularly the victim’s statement. Considering the gravity of the accusations and the statutory provisions, the court rejected the petitioner's bail application.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping and rape of a minor under sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay in filing the FIR and lack of eye‑witnesses create sufficient doubt to merit bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 96
Subjects
- kidnapping
- rape
- minor
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5492 of 2026
Arising Out of PS. Case No.-56 Year-2025 Thana- GAMAHARIYA District- Madhepura
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Saurabh Kumar @ Saurab Kumar S/o- Mishrilal Sharma @ Munilal Sharma
R/v- Jiwachhpur Ps- Muffasil Gamharia Dist- Madhepura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Pooja Prasad, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 96 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per prosecution case, petitioner and his
associates kidnapped 15 years old minor daughter of informant.
Thereafter, petitioner committed rape with her.
4. Learned counsel appearing for the petitioner
submits that there is no eye witness to the occurrence. F.I.R. has
been lodged after delay of five days without any explanation
which renders the entire prosecution case doubtful. the
petitioner is innocent and has falsely been implicated in this
case. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the prayer
for bail. The victim in her statement recorded under section 183
Patna High Court CR. MISC. No.5492 of 2026(2) dt.04-02-2026
2/2
Bharatiya Nagarik Suraksha Sanhita, 2023 has supported the
allegation against the petitioner.
6. Considering the nature and gravity of accusation
and section 183 BNSS statement of the victim, prayer for bail of
the petitioner is rejected.
(Prabhat Kumar Singh, J)
Shashi
U T
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