Patna High Court
Vikash Kumar @ Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner under Section 482(2) of the BNS.
Summary
Vikash Kumar was charged under Sections 64, 352, 351(2) and 351(3) of the BNS, 2023 for alleged rape and assault following an incident on 15 July 2024. The petitioner contended that the FIR was lodged 57 days later without explanation, that the complainant was a relative (her nephew) and that the case was motivated by a property dispute, further noting the complainant’s refusal to undergo a medical examination. The State opposed anticipatory bail, emphasizing the seriousness of the rape allegation and the familial relationship. The Court examined the delay, the lack of medical evidence, and the possibility of false implication, and applied its inherent powers under Section 482(2) of the BNS. It held that the petitioner was entitled to anticipatory bail subject to a bond and sureties. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious charges of rape and assault.
- Whether the delay in filing the FIR and the complainant’s relationship with the petitioner warrant discharge on bail.
- Whether the lack of a medical examination affects the credibility of the prosecution’s case.
Legislation cited
- BNS, 2023 — s. 351(2), 351(3), 352, 482(2), 64
Subjects
- anticipatory bail
- rape
- assault
- delay in FIR
- false accusation
- property dispute
- section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72224 of 2025
Arising Out of PS. Case No.-41 Year-2024 Thana- MAHILA P.S. District- Madhepura
======================================================
Vikash Kumar @ Bikash Kumar S/o- Sri Brahmadeo Mandal R/o- Parokiya
W.No-8, Ps- Arar Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Anand, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 64, 352,
351(2) and 351(3) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that she was sleeping with her children on 15.07.2024
when she heard a knock on the door, thus, opened the door, but
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no one was present, further she took her children outside the
house for making them attend call of nature and when she came
back after locking the door, she saw petitioner with a knife and
thus tried to raise an alarm, but petitioner overpowered her by
putting a towel around her neck and threatened that her children
would be killed and thereafter committed rape, further her
husband was not in the house and children raised an alarm when
her family members along with her neighbourers came and
identified the petitioner who fled.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is next submitted that date of occurrence is
15.07.2024 and the FIR was instituted on 12.09.2024 i.e. after a
delay of more than 57 days without any plausible explanation,
which casts an aspersion on the case of the prosecution. It is
also submitted that informant in the FIR has given an
impression as if petitioner entered the house and committed rape
under threat, but then petitioner is son of the elder brother of the
husband of the informant, but then this relationship has not been
disclosed, which also casts an aspersion on the case of the
prosecution. It is next submitted that a property dispute is
ensuing in between the husband of the informant and father of
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the petitioner, as such, the instant false case came to be
instituted by way of afterthought after 57 days with a view to
coerce the father of the petitioner into submission, so that the
dispute relating to property is resolved under pressure. It is also
submitted that from perusal of Para 19 of the case diary, it
would manifest that informant also refused her medical
examination. It is next submitted that it does not appear
probable that petitioner being nephew would have committed
such an occurrence as alleged in the FIR and that too in
presence of younger cousin brothers.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner and submits that
there is an allegation of committing rape against the petitioner,
but then after perusing Para-45 of the case diary fairly submits
that petitioner is jaut (nephew) of the informant and that
informant refused her medical examination as recorded in the
case diary.
6. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
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each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Mahila P.S. Case
No. 41 of 2024 subject to the conditions as laid down under
Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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