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Patna High Court

Rishi Ranjan @ Dhanai @ Rishi Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner was specifically accused of serious offences and the victim's statement under Section 183 established a prima facie case.

Summary

The petitioner, Rishi Ranjan, sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 87, 351(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioner, along with other accused, kidnapped the informant's daughter and subsequently raped her. The petitioner claimed innocence and clean antecedents, asserting false implication. The State and the informant opposed bail, relying on the victim's statement recorded under Section 183 of the B.N.S.S., which expressly identified the petitioner as a participant in the kidnapping and rape. The Court examined the specificity of the accusation, the gravity of the offences, and the victim's recorded statement, and concluded that the criteria for anticipatory bail were not satisfied. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the specific accusations of kidnapping and rape.
  • Whether the victim's statement under Section 183 of the B.N.S.S. suffices to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • rape
  • victim statement
  • Section 183
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82113 of 2025

                    Arising Out of PS. Case No.-102 Year-2025 Thana- DEWARIA District- Muzaffarpur
                 ======================================================
                 Rishi Ranjan @ Dhanai @ Rishi Ranjan Kumar S/O Suresh Kumar Singh
                 R/O Village- Brahmpura, P.S- Paroo, District- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Nandeshwar Singh S/O Late Radhakant Singh R/O Village- Chainpura,
                 Deoria P.S. Muzaffarpur, Distt.- Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Gagan Deo Yadav, Advocate
                                                  Mr. Ravi Prakash, Advocate
                 For the State           :        Mr. Ram Bilash Roy Raman, APP
                 For the Informant       :        Mr. Sanjay Kumar @ S.K., Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   13-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant/Opposite

                   Party No. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 137(2), 87,

                   351(2) and 3(5) of the B.N.S..

                                3. As per the prosecution case, it is alleged that this

                   petitioner, along with other F.I.R. named accused persons,
Patna High Court CR. MISC. No.82113 of 2025(6) dt.13-03-2026
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          kidnapped daughter of informant while she had gone to attend

          call of nature.

                       4. Learned counsel appearing for the petitioner

          submits and petitioner is quite innocent and has committed no

          offence. Petitioner has falsely been implicated in this case with

          ulterior motive. Petitioner claims clean antecedents.

                       5. On the other hand, learned A.P.P. for the State and

          learned counsel for the informant/Opposite Party No. 2 have

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that petitioner is named in the F.I.R.

          and there is specific accusation that he, along with other F.I.R.

          named accused persons, kidnapped daughter of informant.

          During investigation, the victim was recovered and in her

          statement recorded under Section 183 of the B.N.S.S., she has

          supported the prosecution case and has categorically stated that

          this petitioner, along with other accused persons, kidnapped her

          and thereafter, this petitioner committed rape upon her.

                       6. Considering the facts and circumstances of the

          case, specific and direct nature of accusation, gravity of offence

          and statement of the victim recorded under Section 183 of the

          B.N.S.S., the prayer for grant of anticipatory bail to the
             Patna High Court CR. MISC. No.82113 of 2025(6) dt.13-03-2026
                                                         3/3




                       petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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