Patna High Court
Kanhaiya Kumar @ Kanhaiya MandalversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was denied as the court was not inclined to enlarge the petitioner on bail given the serious nature of the allegations.
Summary
The petitioner, Kanhaiya Kumar, was arrested in connection with a case alleging rape, blackmail, extortion and theft under Sections 64, 303(2), 352, 351(2)(3) of the Bihar Penal Code and Section 66E of the IT Act. The prosecution alleges that the petitioner raped the informant when she was alone, subsequently blackmailed and extorted money from her, and stole her gold earrings, with a further alleged attempt to rape her on 13‑08‑2025. The petitioner contended that he was falsely implicated, citing a land dispute between his cousin and the informant’s relative, and argued that the alleged rape occurred a year before the FIR and that he has a clean antecedent. The State opposed bail, emphasizing the seriousness of the offences and the informant’s recorded statements under Sections 180 and 183. The court, finding the allegations serious and the evidence credible, refused bail, directing the trial court to expedite the trial and ordering police to ensure witness attendance.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged rape, blackmail, extortion and theft under the Bihar Penal Code and the IT Act.
Legislation cited
- Information Technology Act — s. 66E
Subjects
- bail
- rape
- blackmail
- extortion
- theft
- IT Act
- criminal procedure
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82579 of 2025
Arising Out of PS. Case No.-116 Year-2025 Thana- Sonki District- Darbhanga
======================================================
Kanhaiya Kumar @ Kanhaiya Mandal, S/O Late Suresh Mandal, R/O
Village- Jafra, P.S.- Sonki, District-Darbhanga
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Chandra Jha, Advocate
For the State : Mr.Rajiv Nayan, APP
For the Informant : Mr. Ratanakar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. In the present case, the petitioner seeks bail in
connection with Sonki P.S. Case No. 116 of 2025, registered for
the alleged offences under Sections 64, 303(2), 352, 351(2)(3)
of BNS and Section 66E of IT Act.
3. As per the prosecution case, finding the informant
alone in her house, the petitioner committed rape with her.
Thereafter, he started blackmailing her and extorted money from
the informant. The petitioner also took away the gold earrings of
the informant. Lastly, on 13.08.2025, the petitioner again
entered into the house of the informant in the night and tried to
commit rape with her.
Patna High Court CR. MISC. No.82579 of 2025(3) dt.11-02-2026
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4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. The allegation of rape is one year prior to the lodging of
the present FIR. But, at that time, the informant did not make
any such complaint. The story of the prosecution is not
believable as there is land dispute between the cousin of the
petitioner and relative of the informant and in order to help the
relative, the informant has lodged this case. The petitioner is in
custody since 15.08.2025 and is having clean antecedent. The
charge sheet has been submitted.
5. The learned APP vehemently opposes the
submission made on behalf of the petitioner.
6. The learned counsel for the informant submits that
the husband of the informant stayed outside in connection with
his work and the petitioner committed rape with her finding her
alone and, thereafter, started blackmailing her. In her statement
recorded under Sections 180 and 183 of BNSS, the informant
has supported her case against the petitioner.
7. Having regard to the nature of allegation which is
quite serious, I am not inclined to enlarge the petitioner on bail.
Hence, his prayer for grant of bail is rejected.
8. However, the learned trial court is directed to
Patna High Court CR. MISC. No.82579 of 2025(3) dt.11-02-2026
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expedite the trial and conclude the same at the earliest.
9. At the same time, the Senior Superintendent of
Police, Darbhanga is directed to ensure the presence of the
prosecution witnesses on the dates fixed before the learned trial
court. In case, the Senior Superintendent of Police fails to
produce the witnesses on the dates fixed, he will be called
before this Court to explain the circumstances.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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