Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail is warranted and granted to the petitioner subject to conditions under Section 438(2) of the Criminal Procedure Code.
Summary
Raju Kumar, a compounder at a nursing home, applied for anticipatory bail after being implicated in a case involving alleged rape, criminal conspiracy, intimidation, and the publication of obscene material under IPC sections 376, 120B, 506, 34 and IT Act section 67. He contended that he was not named in the FIR and was falsely implicated because of his employment, asserting a clean antecedent and willingness to cooperate with the investigation. The State opposed the bail, citing the seriousness of the offences. The Court examined the petitioner's claim of false implication and the legal standards for anticipatory bail under Section 438(2) of the CrPC. Concluding that the petitioner was not a flight risk and that bail would not impede the investigation, the Court granted anticipatory bail with a cash bond of Rs.10,000 and two sureties, subject to conditions. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC despite the gravity of offences alleged under IPC and the IT Act
- Whether the petitioner’s alleged role as a compounder makes him liable to the charges
- Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation and prevent tampering with evidence
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 34, 376, 506
- Information Technology Act — s. 67
Subjects
- anticipatory bail
- rape
- IPC
- IT Act
- false implication
- bail conditions
- criminal conspiracy
- sexual offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70774 of 2025
Arising Out of PS. Case No.-112 Year-2023 Thana- RAJEPUR District- East Champaran
======================================================
Raju Kumar S/O Jamun Rai @ Jamun Ray Resident of Village- Hanuman
Nagar, P.S.- Rajepur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Prasad
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 376, 120(B), 506 and 34 of the Indian Penal Code and
Section 67 of the I. T. Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that Vishal Kumar informed her brother Aman
Kumar by phone that he had made viral the obscene photo of the
informant and further, asked the brother to perform her marriage
with him, otherwise he would make viral other obscene pictures
and videos of the informant. It is next alleged that about 3-4
months prior to the occurrence, the informant had gone to
Patna High Court CR. MISC. No.70774 of 2025(3) dt.11-02-2026
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nursing home and after injecting her, Vishal Kumar made
obscene pictures and thereafter, under threat, called her at the
nursing home and raped her. It is next alleged that she did not
disclose the occurrence to her brother and when her brother
started looking for a groom for the informant, when accused
persons made her photos viral and on making complaint,
accused persons abused her brother and disclosed that it was on
their order that the photos and the naked videos were made
viral. It is also alleged that even Nihal Kumar was also involved
in making of the videos.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the present case during
the course of investigation. It is further submitted that from
perusal of the allegation as alleged in the FIR, it would manifest
that the informant specifically alleges against the accused
persons and in sum and substance the allegation is that she had
gone to a nursing home where Vishal Kumar injected her and
made obscene pictures and based on the same called her and
raped her. It is further submitted that petitioner is not named in
the FIR and during the course of investigation, the informant
disclosed that the injection was handed over to Vishal Kumar
for injecting by this petitioner. It is further submitted that
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initially when the FIR was instituted, the petitioner was not
named in the FIR, subsequently he came to be implicated
merely for the reason that he is a Compounder and works in the
nursing home which is run by uncle of Vishal Kumar. It is also
submitted that Vishal was taken in custody and he has been
released on regular bail. It is further submitted that Nagendra
Prasad @ Nagendra Prasad Singh along with two others had
approached this Court seeking anticipatory bail by filing Cr.
Misc. No.54027 of 2023 and the same came to be allowed by an
order dated 18.08.2023. It is also submitted that petitioner will
not abscond rather will cooperate in the investigation to prove
his innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks, is
directed to be released on bail on his furnishing bail-bonds in
the sum of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of Sri
Mithilesh Kumar, the learned District and Additional Sessions
Judge, Exclusive Special Judge (Rape and POCSO Cases), East
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Champaran, Motihari in connection with Rajepur P. S. Case
No.112 of 2023, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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