Patna High Court

Ratnesh KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court granted bail to the petitioner subject to a bond and sureties under Section 480(3) of the Bhartiya Naya Sanhita.

Summary

The petitioner, Ratnesh Kumar, was arrested in connection with an alleged attempt to commit rape under Sections 64, 62, 76 read with 3(5) of the Bhartiya Naya Sanhita, 2023. He has been in custody since 13 May 2025. The petitioner contended that the dispute was settled through a compromise petition filed before the CJM, retracting the FIR allegations, and that the investigation was complete with a charge‑sheet already filed. The State opposed bail. The Court observed that the matter was compromised, the investigation was concluded, and there was no risk of evidence tampering, and therefore ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, under Section 480(3) of the BNS.

Issues considered

Whether the petitioner is entitled to bail despite the seriousness of the alleged offence under the Bhartiya Naya Sanhita
Whether the compromise between the parties negates the FIR and warrants bail
Whether Section 480(3) of the Bhartiya Naya Sanhita applies for granting bail in this case

Subjects

bail
attempted rape
compromise
criminal procedure
Bhartiya Naya Sanhita
Section 480(3)
charge sheet
investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77008 of 2025
                 Arising Out of PS. Case No.-170 Year-2024 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Ratnesh Kumar, S/o Rajkishore Rai @ Rajkishor Prasad Yadav @ Raj Kishor
                 Rai, R/o Village- Lakshmipur, Kachhari, P.S.-Lakhaura, District- East
                 Champaran at Motihari
                                                                             ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                                                 Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :      Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   10-02-2026                   Heard the parties.

                                 2. The petitioner seeks bail in connection with

                   Lakhaura P.S. Case No. 170 of 2024 registered for the

                   offence under Section 64, 62, 76 read with 3(5) of Bhartiya

                   Naya Sanhita, 2023 (in short ‘BNS’).

                                 3. The petitioner is named in the F.I.R. and is in

                   custody since 13.05.2025.

                                 4. As per FIR, allegation against the petitioner is to

                   make an attempt to commit rape upon informant while she

                   went to attend call of nature on 25.10.2024 at about 8 PM.

                                 5. Learned counsel appearing on behalf of the

                   petitioner submitted that when petitioner alongwith nearby
Patna High Court CR. MISC. No.77008 of 2025(3) dt.10-02-2026
                                            2/3




          people opposed the activity of informant as to attend the call

          of nature in open, the present false implication was raised,

          which, subsequently by interventions of local people, was

          compromised between the parties and for said effect, a

          compromise petition was filed before learned CJM, Motihari,

          East Champaran by retracting earlier versions of allegations

          as raised through FIR. The aforesaid compromise is Annexure

          P/2 of present bail petition. While concluding the argument, it

          is submitted that petitioner is a man of clean antecedent and

          moreover, investigation of this case is completed, for which

          charge-sheet has been submitted, as such, there is no

          chances of tampering with the evidence.

                       6. Learned APP opposes the prayer of bail.

                       7. In view of aforesaid factual submissions and by

          taking note of fact, as dispute and differences on the basis of

          which present FIR was lodged appears compromised between

          the parties, coupled with fact that investigation of this case

          already completed, where petitioner remains in custody since

          13.05.2025, accordingly, petitioner, above named, is directed

          to be released on bail in connection with Lakhaura P.S. Case
           Patna High Court CR. MISC. No.77008 of 2025(3) dt.10-02-2026
                                                       3/3




                     No. 170 of 2024 corresponding to Sessions Trial No. 925 of

                     2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned District and Additional Sessions Judge,

                     Exclusive Special Judge (Rape & POCSO Cases), East

                     Champaran at Motihari/concerned court, subject to the

                     conditions as mentioned under Section 480(3) of BNSS.


                                                        (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T

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