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Patna High Court

Mithilesh Sharma @ Mithilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations involved serious offences warranting detention.

Summary

The petitioner, Mithilesh Sharma, sought anticipatory bail after being implicated in a serious offence involving alleged rape, video recording of the act, and subsequent sexual exploitation of the victim, as detailed in an FIR. The victim corroborated the FIR under Section 183 of the Bihar Narcotic and Sexual Offences Act, 2023. The petitioner argued that arrest would be oppressive, while the State opposed bail, emphasizing the gravity of the charges under Sections 126(2), 115(2), 352, 351(2), 64(1) and 3(5) of the B.N.S., 2023. The Court examined the seriousness of the alleged crimes, the presence of corroborative evidence, and the purpose of anticipatory bail. Concluding that the nature of the allegations warranted detention, the Court rejected the petition for anticipatory bail. The bail application was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged rape and related offences
  • Applicability of Sections 126(2), 115(2), 352, 351(2), 64(1), 3(5) of the B.N.S., 2023 and Section 183 of the B.N.S.S., 2023 in denying bail

Subjects

  • anticipatory bail
  • rape
  • sexual exploitation
  • criminal procedure
  • high court
  • B.N.S. 2023
  • B.N.S.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83964 of 2025
                    Arising Out of PS. Case No.-211 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Mithilesh Sharma @ Mithilesh Kumar Son of Kulanand Sharma Resident of
                 Village- Parsahi (Aurlaha) Ward No. 12, P.S.- Triveniganj, District- Supaul
                                                                             ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Shobha Devi Wife of Sachen Sharma Resident of Village- Parsahi (Aurlaha)
                  Ward No. 12, P.S.- Triveniganj, Dist.- Supaul
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Naresh Kumar Mehta, Adv.
                 For the Opposite Party/s :      Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                     Heard learned counsel for the petitioner and Mr.

                   Umeshanand Pandit, learned A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 126(2), 115(2),

                   352, 351(2), 64(1), 3(5) of the B.N.S., 2023.

                                3. Allegation against petitioner is that he along with

                   co-accused Dinesh Sharma committed rape upon the informant

                   one-by-one and this petitioner also captured video of the

                   incident and thereafter, both accused sexually exploited

                   informant by showing the said objectionable video. It is further

                   alleged that on the said date, both accused came to informant’s

                   house, assaulted informant and her husband and also threatened

                   them.
           Patna High Court CR. MISC. No.83964 of 2025(2) dt.06-01-2026
                                                       2/2




                                  4. The victim (informant) supported the F.I.R. in her

                     statement recorded under Section 183 B.N.S.S., 2023.

                                  5. Considering the nature of accusation, the prayer

                     for anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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