Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted at this stage and rejected the petitioner's bail application.
Summary
The petitioner, Saurabh Kumar, was arrested in connection with a case where a 14‑year‑old girl went missing and alleged sexual assault. The prosecution alleges that the petitioner lured the girl to his house, administered a sleeping pill, and committed rape, charging him under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 96. The petitioner contends he was falsely implicated, that the victim refused a medical examination, and that he has no prior criminal record. The State opposed bail, relying on the victim’s statement recorded under Section 183 of the BNSS. The High Court, after considering the gravity of the offence and the evidence, refused bail, directing the trial court to expedite the trial while allowing a future bail application after six months.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged sexual assault under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 87, 96
Subjects
- bail
- sexual assault
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- section 87
- section 137(2)
- section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81595 of 2025
Arising Out of PS. Case No.-96 Year-2025 Thana- Mehsoul District- Sitamarhi
======================================================
Saurabh Kumar S/o Late Arvind Kumar Singh R/o vill - Kharakaun Eedgah
Road, P.S- Alamganj, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Subodh kumar Jha S/O- Mahanand Jha, R/O-Muraitha, P.S- jale, District-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Mehsaul P.S. Case No. 96 of 2025, instituted for the offences
under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in brief, is that on 18.07.2025
at about 6.00 A.M. daughter of the informant aged about 14
years went missing from her house.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.81595 of 2025(3) dt.20-02-2026
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in course of investigation, the Police arrested the petitioner. The
petitioner is not named in the F.I.R. In fact, victim was living on
rent in the house of the petitioner, when petitioner demanded
rent then victim falsely implicated the petitioner in this case.
The victim refused to undergo medical examination which
completely demolishes the prosecution claim of any physical
offence. He further submitted that victim in her statement stated
that she left her house voluntarily. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
22.08.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State vehemently opposed the
prayer for grant of bail to the petitioner. Learned APP further
submitted that victim in her statement recorded under Section
183 of the BNSS has stated that petitioner has carried her to his
house, where he mixed sleeping pill in her food and committed
sexual intercouse with her. The I.O. of this case after completion
of investigation submitted Charge-sheet u/s 137(2) and 96 of the
Bharatiya Nyaya Sanhita, 2023 against the petitioner.
Therefore, the petitioner does not deserve to be released on bail.
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of offence, this Court is not
inclined to grant bail to the petitioner at this stage.
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7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
9. However, liberty is granted to the petitioner to
renew the prayer for grant of bail before the Trial Court if the
trial is not concluded within a period of six months from today.
If any such application is filed before the learned court below,
the court concerned shall consider the same on its own merit
without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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