Patna High Court
Gaurab Kumar @ Gaurab ManjhiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 341, 366(A), 504, 506
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
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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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