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Patna High Court

Gaurab Kumar @ Gaurab ManjhiversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner Gaurab Kumar was arrested on 3‑August‑2025 in connection with a case where a 15‑year‑old girl, Gulabi Kumari, was allegedly abducted and raped. The prosecution alleges that Kumar lured the girl with a promise of marriage, committing offences under IPC sections 341, 504, 366(A), 506 and 34, and relies on the victim’s statement recorded under Section 164 of the CrPC and a supporting medical report. The petitioner argued that he has a clean antecedent, that the FIR is forged and fabricated, and highlighted a three‑day delay in filing the FIR. The State and the informant opposed bail, emphasizing the seriousness of the alleged crimes and the corroborative evidence. Justice Rajesh Kumar Verma, after hearing counsel, refused the bail application, finding the material sufficient to justify continued custody.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under IPC sections 341, 504, 366(A), 506 and 34.
  • Whether the allegations in the FIR are false or fabricated.
  • Whether the victim’s statement under Section 164 CrPC and the medical report warrant denial of bail.

Legislation cited

Subjects

  • bail
  • IPC
  • Section 341
  • Section 504
  • Section 366(A)
  • Section 506
  • Section 34
  • Section 164 CrPC
  • rape
  • kidnapping of minor
  • criminal intimidation
  • false FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84630 of 2025
                       Arising Out of PS. Case No.-370 Year-2024 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Gaurab Kumar @ Gaurab Manjhi S/O Rupan Manjhi R/O Village - Sripur,
                 P.S- Belaganj, Dist.- Gayaji

                                                                                    ... ... Petitioner
                                                       Versus
           1.    The State of Bihar
           2.    Pushapa Devi W/O Mahendra Manjhi R/O Village - Sripur, P.S- Belaganj,
                 Dist.- Gayaji

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Indu Kumari Srivastava, A.P.P.
                 For the Informant        :       Mr. Akash Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   25-03-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.08.2025 in connection with Belaganj P.S. Case No. 370 of

                   2024, for the offences punishable under Sections 341, 504,

                   366(A), 506 and 34 of the Indian Penal Code.

                               3. The case of the prosecution, in brief, is that in brief

                   is that on 17.06.2024 at about 07:00 A.M., informant's daughter

                   Gulabi Kumari aged about 15 years went to the field for

                   bathroom but she did not return home. After that informant

                   started searching her daughter, she was not found anywhere.
Patna High Court CR. MISC. No.84630 of 2025(4) dt.25-03-2026
                                            2/3




          After that she came to know from villagers that a boy named

          Gaurav Kumar has taken her away by luring her with intention

          of marriage. Thereafter informant went to Gaurav Kumar's

          house to search her daughter then his mother started speaking

          filthy words.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that, in fact, the

          petitioner was in love with the victim girl and family members

          of the victim has lodged a false case against the petitioner and

          the family members of the petitioner. Apart from that from bare

          perusal of the FIR it appears that the date of occurrence is

          17.06.2024 but the FIR came to be instituted on 20.06.2024 i.e.,

          after a delay of three days.

                      5. The learned Additional Public Prosecutor for the

          State and learned counsel for the informant, on the other hand,

          have vehemently opposed the prayer for bail of the petitioner

          and submit that the victim in her statement recorded under

          Section 164 of Cr.P.C. has supported the case of the prosecution
           Patna High Court CR. MISC. No.84630 of 2025(4) dt.25-03-2026
                                                       3/3




                     and apart from that she has stated that the petitioner has

                     committed rape upon her and the medical report also support the

                     allegation leveled against the petitioner by the victim.

                                  6. Considering the aforesaid facts, I am not inclined to

                     enlarge the petitioner on bail in connection with Belaganj P.S.

                     Case No. 370 of 2024, pending in the court of learned CJM,

                     Gayaji.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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