Patna High Court
Dhanu @ Dhannu Kumar @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Dhanu Kumar, was arrested in connection with a case registered under Sections 70(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, alleging sexual intercourse with an informant. He applied for regular bail, claiming innocence and having been in custody since 4 April 2025. The State opposed the bail, emphasizing the seriousness of the alleged sexual offence. The learned counsel for the petitioner argued for release, but the court considered the nature and gravity of the offence. Justice Sandeep Kumar held that the circumstances did not warrant regular bail and consequently rejected the bail application.
Issues considered
- Whether regular bail should be granted to an accused of sexual intercourse under Sections 70(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the gravity of the alleged offence justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 61(2), 70(1)
Subjects
- regular bail
- sexual offence
- Bharatiya Nyaya Sanhita
- high court
- gravity of offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64711 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Dhanu @ Dhannu Kumar @ Dharmendra Kumar S/o- Khesari Modi R/o-
Bari Kabaiya W.No-32, Ps- Kabaiya Dist- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ D/o- Satish Prasad Village- Masjid Gali Simari Bakhtiyarpur Ps- Simri
Bakhtiyarpur Dist- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray
For the Opposite Party/s : Mr. Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 19-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kabaiya P.S. Case No. 113 of 2025 registered for the offence
under Sections 70(1), 61(2) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner, along
with other co-accused person, is accused of committing sexual
intercourse with the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 04.04.2025.
Patna High Court CR. MISC. No.64711 of 2025(7) dt.19-03-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the nature and gravity of the offence,
this Court is not inclined to grant regular bail to the petitioner.
Accordingly, this application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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