Patna High Court

Manish Khatwey @ Manish Kumar ChaupalversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: PARTHA SARTHY

Holding

The Court declined to grant bail, holding that the direct rape allegation supported by a statutory statement precludes regular bail.

Summary

Manish Khatwey was arrested in connection with a rape allegation under sections 64 and 3(5) of the Bharatiya Nyay Sanhita, 2023, based on the complainant’s statement. The petitioner contended that the charge was false, arising from a loan dispute between the complainant’s husband and the petitioner, and highlighted the complainant’s refusal to undergo a medical examination and the absence of any injury report. He further emphasized his clean criminal record and that he had been in custody since 14 September 2025 after the charge sheet was filed. The State opposed the bail, relying on the direct allegation and the complainant’s statement recorded under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the seriousness of the allegation and the supporting statutory statement and found no sufficient ground to grant regular bail. Consequently, the bail application was rejected.

Issues considered

Whether regular bail can be granted to the accused in a rape case when the allegation is directly supported by a statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
Bharatiya Nyay Sanhita, 2023 — s. 3(5), 64

Subjects

regular bail
rape
false implication
section 64
section 3(5)
section 183
Bharatiya Nyay Sanhita
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5643 of 2026
                        Arising Out of PS. Case No.-177 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
                 Manish Khatwey @ Manish Kumar Chaupal Son of Late Ram Hriday
                 Khatwey R/o Village - Dhamad, Ward No. 9, P.S. - Jalley, Dist. - Darbhanga.
                                                                              ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Baidyanath Prasad, Advocate
                 For the Opposite Party/s :        Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   04-02-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner has preferred this application for

                   grant of regular bail in connection with Jale P.S. Case no. 177 of

                   2025 registered under sections 64 and 3(5) Bhartiya Nyay

                   Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that taking the benefit of the absence of her husband, the

                   petitioner committed rape on her.

                                4. It is submitted by learned counsel for the petitioner

                   that the petitioner has been falsely implicated in the case. He is

                   innocent and no such occurrence as alleged has taken place. The

                   reason for false implication of the petitioner is that the husband

                   of the informant had taken a loan of Rs.60,000/ and on the

                   petitioner making a demand for repayment of the same, he was

                   evading on one pretext or the other. Thereafter, as a result of
           Patna High Court CR. MISC. No.5643 of 2026(2) dt.04-02-2026
                                                       2/2




                     escalating differences, it has led to the informant lodging this

                     false case against the petitioner. The informant is a mother of

                     four children and refused to get herself medically examined. It

                     is further submitted that there is allegation of child of the

                     informant having been thrown to the ground, however, there is

                     no injury report. The petitioner is in custody since 14.9.2025

                     and charge sheet has been submitted in the case. He has no

                     criminal antecedent,

                                  5. The application for bail is opposed by Learner APP

                     for the State who submits that there is direct allegation by the

                     informant against the petitioner of him having committed rape

                     on her and the said allegation has been supported in her

                     statement under section 183 Bharatiya Nagarik Suraksha

                     Sanhita, 2023.

                                  6. In the facts and circumstances of the case, there

                     being direct allegation against the petitioner of having

                     committed rape on the informant and the same having been

                     supported by the informant in her statement under section 183

                     of the BNSS, 2023, the Court is not inclined to enlarge the

                     petitioner on bail and the application is rejected.


Bibhash                                          (Partha Sarthy, J)
U      T

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