Patna High Court
Niraj Kumar @ Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The court held that no case for anticipatory bail was made out and therefore rejected the application.
Summary
The petitioners, Niraj Kumar and Pradeep Yadav, filed an anticipatory bail application fearing arrest in a case (PS Triveniganj Case No. 497 of 2025) involving alleged sexual exploitation and rape of a woman, Sushma Devi. The prosecution alleged that Niraj Kumar lured the victim under the pretext of marriage, sexually assaulted her, and then, with Pradeep Yadav, repeatedly raped her before blind‑folding and abandoning her. The victim’s statement under Section 183 of the BNS corroborated the prosecution’s version. The court examined the case diary and the victim’s statement and found that the facts disclosed did not justify anticipatory bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether the facts disclosed in the FIR and the victim’s statement establish a case for granting anticipatory bail to the petitioners under sections 127(2), 64 and 3(5) of the BNS.
Legislation cited
- Bihar Negotiable Instruments Act — s. 127(2), 183, 3(5), 64
Subjects
- anticipatory bail
- sexual assault
- rape
- section 183 statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7733 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
1. Niraj Kumar @ Neeraj Kumar S/O Prakash Yadav @ Prakash Chandra
Yadav Resident of Village- Parsahi Ward No. 2, P.S.- Triveniganj, District-
Supaul.
2. Pradeep Yadav @ Pradip Yadav S/O Late Jagdeo Yadav Resident of Village-
Parsahi Ward No. 2, P.S.- Triveniganj, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 22-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Triveniganj P.S. Case No. 497 of 2025 for the
offence under sections 127(2), 64 and 3(5) of the BNS lodged
on 29.09.2025 by the informant, Sushma Devi.
3. As per the prosecution story, the informant alleged
that on the pretext of marriage, the petitioner no. 1, Niraj Kumar
sexually exploited her and later, took her to a place where beside
him, one Pradeep Yadav raped her repeatedly. Later, she was
blind folded and left near her house. This led to the FIR.
4. The Coordinate Bench had called for the case diary
and the statement of the victim girl which are on record and this
Patna High Court CR. MISC. No.7733 of 2026(3) dt.22-04-2026
2/2
Court has perused the statement made by the lady under Section
183 of the BNSs where she has supported the prosecution story.
5. Considering the aforesaid facts that has come on
record, no case of anticipatory bail is made out to the two
petitioners.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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