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Patna High Court

Angaj Kumar @ Aangaj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Angaj Kumar, filed an application for anticipatory bail fearing arrest in a case registered under Section 64 of the Bharatiya Nyaya Sanhita for alleged rape. The prosecution alleged that the petitioner committed rape on the informant, whose statement was recorded under Section 183 of the BNSS and supported the prosecution's case. The court examined the seriousness of the offence and the recorded statement. Considering the gravity of the alleged crime and the corroborative statement, the court found no sufficient ground to grant anticipatory bail. Consequently, the petition for anticipatory bail was denied.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in a rape case under Section 64 of the Bharatiya Nyaya Sanhita given the seriousness of the offence and the statement recorded under Section 183 BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • Section 64
  • Section 183
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85940 of 2025
                     Arising Out of PS. Case No.-324 Year-2025 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Angaj Kumar @ Aangaj Kumar S/O Nagendra Rai R/O Village- Sirsi, Ward
                 No. 08, P.S- Nanpur, Distt.- Sitamarhi, Bihar, Pin Code- 843333.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Priti Jha @ Priti Kumari W/O Jitendra Kumar Jha R/O Ward No. 09,
                 Village- Sirsi, P.S- Nanpur, Distt.- Sitamarhi, Bihar- 8433333.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghvendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nawal Kishore Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends arrest in case registered for

                   the offence punishable under Section 64 of the Bharatiya Nyaya

                   Sanhita.

                                3. As per prosecution case, this petitioner committed

                   rape upon the informant. Victim in her statement, recorded

                   under Section 183 BNSS, has supported the prosecution case

                   and has categorically stated that this petitioner committed rape

                   with her.

                                4. In view of the gravity of the offence and statement

                   of the informant recorded under Section 183 BNSS, prayer for
              Patna High Court CR. MISC. No.85940 of 2025(2) dt.07-01-2026
                                                          2/2




                        anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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