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Patna High Court

Ram Pravesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Pre‑arrest bail was denied as the allegations were of a serious and grave nature.

Summary

Ram Pravesh Kumar was charged under sections 96, 126(2), 115(2), 352 and 3(5) of the Bihar Negotiable Statutes (BNS) for allegedly attempting to rape the daughter of an informant. The petitioner feared arrest and applied for pre‑arrest bail. The court examined the seriousness of the allegations, noting the gravity of the offences and the potential threat to public order. Considering the nature of the accusation, the court found that the petitioner did not merit the exceptional relief of pre‑arrest bail. Consequently, the bail application was rejected. The order was delivered by Justice Prabhat Kumar Singh.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the charges under sections 96, 126(2), 115(2), 352 and 3(5) of BNS.

Legislation cited

  • BNS — s. 115(2), 126(2), 3(5), 352, 96

Subjects

  • pre‑arrest bail
  • attempted rape
  • criminal procedure
  • BNS
  • section 96
  • section 126(2)
  • section 115(2)
  • section 352
  • section 3(5)

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.813 of 2026
                       Arising Out of PS. Case No.-231 Year-2025 Thana- Kavaiya District- Lakhisarai
                  ======================================================
                  Ram Pravesh Kumar S/o- Vinod Saw Resident of Naya Bazar, Bazar Samiti
                  Lakhisarai P.S. Kabaiya District- Lakhisarai

                                                                                      ... ... Petitioner/s
                                                          Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Sanjeev Kumar , Advocate
                  For the Opposite Party/s :        Mr. Md. Fahimuddin, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    21-01-2026                        Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 96, 126 ( 2 ), 115 ( 2 ), 352
                    and 3 (5) of BNS.
                                 3 . As per F.I.R. petitioner is alleged to have attempted
                    to commit rape upon the daughter of informant.
                                 4. Considering the nature of accusation and gravity of
                    offence , prayer for pre-arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T


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