Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied the petition for pre‑arrest bail, holding that the seriousness of the alleged offences and the victim’s statement warrant continued custody.
Summary
The petitioner, Rahul Kumar, sought pre‑arrest bail after the police registered a case alleging that he, with three unknown persons, attempted to rape a minor girl and assaulted her, causing severe injuries. The prosecution’s case is based on the victim’s statement recorded under Section 183 of the Bihar Police Act. The petitioner's counsel argued that bail should be granted pending investigation, while the State opposed, emphasizing the seriousness of the offences listed under sections 126(2), 115(2), 118(1), 64, 62 and 3(5) of the Bihar Penal Code. The court examined the gravity of the allegations, the minor status of the victim, and the statutory provisions governing bail. Considering the nature of the accusation and the victim’s statement, the court rejected the petition for pre‑arrest bail. The order was delivered by Justice Prabhat Kumar Singh.
Issues considered
- What is the appropriate standard for granting pre‑arrest bail in a case involving alleged rape of a minor?
- Do the allegations under sections 126(2), 115(2), 118(1), 64, 62 and 3(5) of the Bihar Penal Code justify denial of bail?
- Does the victim’s statement under Section 183 of the Bihar Police Act affect the bail decision?
Subjects
- pre‑arrest bail
- rape
- minor victim
- Section 183
- Bihar Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85132 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Rahul Kumar S/o Devendra Singh @ Devendra Kumar Resident of Village-
Islampur, P.S.- Goraul, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Sanjay Kumar R/o vill - Islampur, P.S.- Goraul, Distt.- vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. II , Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
For informant : Mr. Manish Chandra Gandhi , Advocate
Mr. Himanshu Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under section 126 ( 2 ), 115 ( 2 ),
118 (1) , 64, 62 and 3 (5) of BNS.
3 . As per the prosecution case , informant namely ,
Shrishti Suman alleged that on 17.04.2025 , when she and her
sister was returning, this petitioner along with three unknown
persons came and took informant towards bamboo field and
tried to commit rape and brutally assaulted her, as a result of
which she sustained severe injuries.
4. The victim is minor and has supported the
Patna High Court CR. MISC. No.85132 of 2025(2) dt.06-01-2026
2/2
prosecution case , in her statement recorded under Section 183
BNSS.
5 . Considering the nature of accusation and gravity
of offence and statement of the victim recorded under Section
183 BNSS prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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