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Patna High Court

Ashish Kumar @ Priyanshu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court rejected the third anticipatory bail petition, upholding the earlier denial.

Summary

The petitioner, Ashish Kumar, was charged under Sections 376(2)(N), 314 and 506 of the Indian Penal Code in Sathi P.S. Case No. 77 of 2024. He filed a third anticipatory bail petition, claiming that he had married the victim, Nisha Kumari, and that the matter was compromised. The State opposed the petition, arguing that rape is a heinous offence and that a post‑offence marriage does not justify granting anticipatory bail, especially after an earlier bail denial. The Court examined the facts, noted the prior rejection of anticipatory bail on merit, and held that the petition could not be entertained. Consequently, the Court rejected the third anticipatory bail application but allowed the petitioner to surrender before the trial court and to file a regular bail application.

Issues considered

  • Whether anticipatory bail can be granted in a rape case where the accused and victim have married after the alleged offence.
  • Whether a prior rejection of anticipatory bail on merit precludes the grant of a subsequent anticipatory bail petition.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • compromise marriage
  • IPC
  • criminal intimidation
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6922 of 2026
                     Arising Out of PS. Case No.-77 Year-2024 Thana- SATHI District- West Champaran
                 ======================================================
                 Ashish Kumar @ Priyanshu Kumar S/o Devendra Prasad R/o Village -
                 Kathari, P.S - Sathi, District - West Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Nisha Kumari D/o Surendra Mahto R/o Village - Dharmpur, P.S - Sathi,
                 District - West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ritesh Kashyap, Advocate
                                                   Mr. Sanjeev Kumar, Advocate
                 For the State            :        Mr. Shyameshwar Dayal, APP
                 For the Informant        :        Mr. Shyamal Prakash, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-02-2026                       Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Sathi P.S. Case No. 77 of 2024, instituted under Sections

                   376(2)(N)/314/506 of the Indian Penal Code.

                                  3. This is the third bail petition filed on behalf of the

                   petitioner. Earlier, this Court rejected the bail petition of the

                   petitioner on merit, vide order dated 08.08.2025 passed in Cr.

                   Misc. No. 38357 of 2025.

                                 4. Learned counsel for the petitioner submits that

                   petitioner and informant have compromised and solemnized

                   marriage and on this ground, petitioner may be granted
              Patna High Court CR. MISC. No.6922 of 2026(2) dt.06-02-2026
                                                          2/2




                        anticipatory bail.

                                     5. Learned counsel appearing on behalf of the State

                        opposes the prayer for grant of anticipatory bail to the petitioner

                        and submits that the anticipatory bail of the petitioner was

                        earlier rejected on merit and in rape cases which is heinous

                        crime, compromise on later stage in the form of marriage with

                        victim is not a good ground to reconsider the anticipatory bail of

                        the petitioner.

                                     6. Considering the facts and circumstances of the

                        case and earlier the anticipatory bail of the petitioner was

                        dismissed on merit, the present third anticipatory bail petition of

                        the petitioner is rejected.

                                     7. However, the petitioner has liberty to surrender

                        before the Court concerned and to file regular bail application,

                        which shall be decided on its own merit without being

                        prejudiced to rejection of this anticipatory bail of the petitioner.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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