Patna High Court
Mithilesh Sharma @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
Checking your session…