Patna High Court
Aravindra Kumar @ Arvind Kumar @ Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail cannot be granted due to the seriousness and nature of the alleged offences.
Summary
The petitioner, Aravindra Kumar, sought anticipatory bail fearing arrest in a case (Muffasil P.S. Case No. 393 of 2023) involving alleged offences under Sections 341, 323, 354B, 504 and 506/34 of the Indian Penal Code, including an attempt to commit rape of a minor. The prosecution alleged that the petitioner attempted to rape the minor girl. The High Court examined whether the seriousness of the alleged crimes warranted denial of anticipatory bail. Considering the gravity of the offences, the Court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks and apply for regular bail, failing which the police would be directed to arrest him. The order was limited to the present application and does not prejudice later stages of the trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged attempt to commit rape of a minor and other serious offences under the IPC.
Legislation cited
- Indian Penal Code — s. 323, 341, 354B, 504, 506/34
Subjects
- anticipatory bail
- Indian Penal Code
- rape of minor
- serious offences
- bail denial
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71663 of 2025
Arising Out of PS. Case No.-393 Year-2023 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Aravindra Kumar @ Arvind Kumar @ Arbind Kumar S/O Shankar Ray R/o
Village- Mahrajganj, P.S.- Mufassil, District- Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Ms. X W/O Dhurendra Rai R/o Village- Mahrajganj, P.S.- Mufassil, District-
Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar Pandey
For the Opposite Party/s : Mr. Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Muffasil P.S. Case No. 393 of 2023 registered for offences
under Sections 341, 323, 354B, 504, 506/34 of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is
accused of trying to commit rape with the minor girl.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
Patna High Court CR. MISC. No.71663 of 2025(4) dt.09-03-2026
2/2
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, Saran will take
all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Saran through FAX for its compliance
forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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