Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail could not be granted and rejected the petition.
Summary
Rakesh Kumar petitioned the Patna High Court for anticipatory bail after being implicated in a FIR alleging multiple offences under the B.N.S., 2023 and the Information Technology Act. The allegations include establishing a physical relationship with the informant under undue pressure, taking objectionable photographs that were later made viral, causing her pregnancy, and assaulting her on 24 May 2025. The informant denied any marital relationship with the petitioner and corroborated the prosecution’s case in a statement recorded under Section 183 of the B.N.S.S. The court examined the seriousness of the accusations and the victim’s statement. Considering the nature of the offences and the victim’s testimony, the court rejected the petition for anticipatory bail. Consequently, the petitioner remains liable to arrest and trial on the charges.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged offences under Sections 126(2), 115(2), 318, 303(2), 64, 352, 351(2), 352(3), 3(5) of the B.N.S., 2023 and Sections 66(D), 67 of the Information Technology Act.
- The impact of the victim’s statement under Section 183 of the B.N.S.S. on the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 318, 3(5), 351(2), 352, 352(3), 64
- Information Technology Act — s. 66(D), 67
Subjects
- anticipatory bail
- sexual assault
- criminal law
- Information Technology Act
- victim statement
- Section 183
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85097 of 2025
Arising Out of PS. Case No.-207 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Rakesh Kumar Son of Sri Nandu Sah Resident of Village- Milki, P.S.-
Minapur, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX Wife of Late Vinay Kumar Gupta Resident of Village- Milki, P.S.-
Minapur, District- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sagar Kumar
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 126(2), 115(2),
318, 303(2), 64, 352, 351(2), 352(3), 3(5) of the B.N.S., 2023
and Sections 66(D), 67 of the I.T. Act.
3. As per F.I.R., allegation against petitioner is that he
established physical relation multiple times with the informant
after putting undue pressure upon her and also clicked some
objectionable photographs, as a result, she became pregnant and
on 22.05.2025, the petitioner made the photographs viral and on
24.05.2025 at about 09.00 pm, the petitioner and others
assaulted the informant. However, informant denies her
marriage with this petitioner and supports the prosecution case
in her statement recorded under Section 183 of B.N.S.S.
Patna High Court CR. MISC. No.85097 of 2025(3) dt.22-01-2026
2/2
4. Considering the nature of accusation and statement
of the victim under Section 183 B.N.S.S., the prayer for
anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…