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Patna High Court

Lavkush kumar @ Lavkhush kumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted at this stage of the rape trial and rejected the petitioner's bail application.

Summary

Lavkush Kumar was charged with rape under Section 70(1) of the B.N.S. following a complaint that he, along with another accused, raped a woman while she was cutting grass. The victim later gave a statement under Section 183 of the B.N.S.S., alleging she was unconscious at the time of the assault, a claim the petitioner contested, arguing that an unconscious victim could not perceive the crime and that the FIR did not mention unconsciousness. The prosecution relied on a medical examination report showing multiple abrasions, contusions, and an old hymen tear, and opposed bail. Citing the Supreme Court’s decision in X v. State of Rajasthan (2024), which cautions against granting bail in serious offences once trial has commenced, the High Court noted that the trial was still at the charge‑framing stage and therefore denied the bail application, allowing a fresh petition after six months and directing the trial court to expedite the proceedings.

Issues considered

  • Whether bail can be granted to an accused in a rape case at the stage where only charge has been framed.
  • Whether the victim’s claim of being unconscious affects the evidentiary assessment for bail.
  • Whether the medical evidence of injuries justifies denial of bail.
  • Application of the precedent set in X v. State of Rajasthan & Anr (2024) regarding bail in serious offences.

Legislation cited

Subjects

  • bail
  • rape
  • serious offence
  • medical evidence
  • unconsciousness
  • trial stage
  • charge framed
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85669 of 2025
                  Arising Out of PS. Case No.-83 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Lavkush kumar @ Lavkhush kumar, Son of Mishri Lal Sahani @ Mishir
                 Sahani, Resident of village- Ajagrwa, P.S.- Lakhaura, Dist- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Priyanka Devi, Wife of Dhaman Sahani, Resident of village- Ajagrwa, P.S.-
                 Lakhaura, Dist- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Harsha Shashwat, Advocate
                 For the State           :       Mr. Sanjay Kumar Pandey, APP
                 For the Informant       :       Mr. Bijendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   01-04-2026                   Heard learned counsel for the petitioner, learned counsel

                   for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Lakhaura P.S. Case No. 83 of 2025 registered for the

                   offence punishable under Section 70(1) of B.N.S.

                                 3. The case of the prosecution is that while the

                   informant has gone to cut grass in the field, she was being raped

                   by the petitioner and one other.

                                 4. It is submitted by learned counsel for the petitioner

                   that petitioner is innocent and has committed no offence. He has

                   been falsely implicated in the present case due to enmity. During

                   course of investigation, the victim has given her statement under
Patna High Court CR. MISC. No.85669 of 2025(5) dt.01-04-2026
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          Section 183 of the B.N.S.S. wherein she has reiterated the story of

          the prosecution but she has added that she was made unconscious

          by the petitioner and one other accused and was raped in

          unconscious position. Learned counsel for the petitioner has

          further submitted that if she was unconscious, how could she

          know that she was raped. It has further been submitted that in

          F.I.R., there is no description of unconsciousness of the victim. In

          the F.I.R., it is simply stated that the petitioner and one other

          committed rape with her. From perusal of the medical examination

          report of the victim, it is clear that the doctor conducting medical

          examination has found multiple abrasions and the abrasions on her

          back also and has described that old hymen tear was present.

          Petitioner is having no criminal antecedent and he is languishing

          in judicial custody since 02.07.2025.

                       5. Learned APP appearing for the state and learned

          counsel for the informant have vehemently opposed the prayer of

          regular bail. Learned counsel for the informant has submitted that

          from medical examination report of the victim, it is clear that she

          has multiple abrasions an contusions on her body and on her back

          as well. As per the case of the prosecution, the act was done in

          field and the injury on the person of the victim speaks a lot.

                       6. Learned APP for the State has also relied on a

          judgment of Hon’ble Apex Court in the case of X Vs. State of
             Patna High Court CR. MISC. No.85669 of 2025(5) dt.01-04-2026
                                                         3/3




                       Rajasthan & Anr passed in SLP(Criminal) No. 13378 of

                       2024 wherein in para- ‘14’, Hon’ble Apex Court has held which

                       is being quoted hereunder:-

                                       14. Ordinarily in serious offences like rape, murder,
                                       dacoity, etc., once the trial commences and the prosecution
                                       starts examining its witnesses, the Court be it the Trial
                                       Court or the High Court should be loath in entertaining the
                                       bail application of the accused.
                                    7. The report regarding the stage of trial from the

                       learned trial Court was also called for from perusal of which, it is

                       clear that the case is pending for evidence of prosecution. Only

                       charge has been framed.

                                    8. Having heard the learned counsel for the parties and

                       considering the nature of allegation, this court is not inclined to

                       enlarge the petitioner on bail at this stage and, as such, his prayer

                       for bail stands rejected.

                                    9. However, petitioner may renew his prayer for bail

                       after six months.

                                    10. Learned trial Court is directed to expedite the trail.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T


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