Patna High Court
Shrikant KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Shrikant Kumar and Sutil Kumar, applied for anticipatory bail fearing arrest in connection with Noor Sarai police case No.257 of 2025, which alleges they attempted to rape a 14‑year‑old girl. The prosecution alleges offences under Sections 137(2) and 140(3) of the B.N.S., and the victim’s statement recorded under Section 183 of the B.N.S.S. supports the charge. The petitioners claim innocence and contend they have been falsely implicated. The State opposed the bail, emphasizing the victim’s corroborative statement. The Court, after hearing both sides, declined to grant anticipatory bail, directing the petitioners to surrender within two weeks and seek regular bail, failing which the police may arrest them. The order was communicated to the Superintendent of Police, Nalanda.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of attempting to rape a minor under Sections 137(2) and 140(3) of the B.N.S.
- Whether the victim’s statement under Section 183 of the B.N.S.S. justifies denial of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- attempted rape
- minor
- Section 137
- Section 140
- Section 183
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71657 of 2025
Arising Out of PS. Case No.-257 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
1. Shrikant Kumar Son of Babu Ram Paswan Resident of village - Makanpur,
P.S.- Noor Sarai, District - Nalanda.
2. Sutil Kumar Son of Late Paras Yadav Resident of village - Makanpur, P.S.-
Noor Sarai, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Anil Kumar No. I
For the Opposite Party : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners apprehends their arrest in
connection with Noor Sarai P.S. Case No. 257 of 2025 dated
14.05.2025 registered for the offences punishable under
Sections 137(2), 140(3) of the B.N.S.
3. As per the prosecution case, the petitioners have
tried to commit rape with the victim who is minor girl aged
about 14 years.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and he has falsely
been implicated in this case.
Patna High Court CR. MISC. No.71657 of 2025(4) dt.21-01-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the anticipatory bail of the petitioners by submitting
that the victim in her statement recorded under Section 183 of
the B.N.S.S. has supported the prosecution story.
6. Considering the allegation, this court is not inclined
to grant anticipatory bail to the petitioners.
7. Accordingly, this application for anticipatory bail is
dismissed.
8. The petitioners are directed to surrender in the
Court below within two weeks from today and pray for regular
bail failing which the Superintendent of Police, Nalanda will
take all steps for arrest of the petitioners.
9. Let a copy of this order be communicated to the
Superintendent of Police, Nalanda through FAX for its
compliance.
(Sandeep Kumar, J)
atul/-
U T
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