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Patna High Court

Hemant Kumar @ Munna Kumar @ Munna MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied because the allegations of sexual assault were of a serious nature.

Summary

The petitioner, Hemant Kumar, sought anticipatory bail fearing arrest in a case (PS Rajoun Case No. 435 of 2024) filed under several provisions of the Bharatiya Nyaya Sanhita, including sections dealing with sexual assault and related offences. The allegations against him involve forcibly establishing a physical relationship with the victim, amounting to sexual assault. The court examined the seriousness of the charges and the nature of the offences under the cited sections. Considering the gravity of the allegations, the judge was not inclined to grant anticipatory bail. Consequently, the application for anticipatory bail was dismissed, and the petitioner was ordered to surrender within four weeks and apply for regular bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged sexual assault.

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • criminal law
  • Bharatiya Nyaya Sanhita
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68201 of 2025
                        Arising Out of PS. Case No.-435 Year-2024 Thana- RAJAON District- Banka
                 ======================================================
                 Hemant Kumar @ Munna Kumar @ Munna Mandal S/o Digamber Mandal
                 R/o Village- Damodarpur, P.S.- Rajoun, District- Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Rambha Kumari D/O-Late Mahesh Ray, R/O-Damodarpur, PS.-Rajour,Dist-
                 Banka

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjan Kumar Jha, Advocate
                 For the State            :       Mr.Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   24-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Rajoun P.S. Case No. 435 of 2024 instituted under

                   Sections 126(2), 115(2), 352, 351(2), 6i4 and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. The allegation against the petitioner is of forcibly

                   establishing physical relation with the victim.

                                4. From the records, it appears that the petitioner has

                   committed sexual assault with the victim.

                                5. Considering the nature of allegation, I am not

                   inclined to grant anticipatory bail to the petitioner.
           Patna High Court CR. MISC. No.68201 of 2025(5) dt.24-02-2026
                                                       2/2




                                  6. Accordingly, the application stands dismissed.

                                  7. The petitioner is directed to surrender within four

                     weeks from today in the Court below and pray for regular bail.


                                                                      (Sandeep Kumar, J)

P. Kumar

U     T


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