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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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