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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.

Summary

The petitioner, Pintu Kumar, was accused of an offence punishable under Section 64 of the B.N.S. for allegedly entering a woman's house, undressing her and having sexual intercourse on 19 July 2025. The petitioner claimed innocence, stating the complaint was false and motivated by a dispute between his younger brother and the victim's husband. The victim's statement recorded under Section 183 of the B.N.S. indicated that she had not been assaulted and that the case was filed under her husband's pressure. The State opposed the petition for anticipatory bail. Considering the victim's statement, the petitioner's clean antecedents, and the circumstances, the court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S. The order allows the petitioner to be released on bail if arrested within eight weeks, upon furnishing a bail bond and sureties.

Issues considered

  • Whether anticipatory bail can be granted in a case involving an alleged offence under Section 64 of the B.N.S.
  • Whether the victim's statement under Section 183 of the B.N.S. and the petitioner's clean antecedents justify granting anticipatory bail
  • Whether Section 482(2) of the B.N.S. permits the court to enlarge bail in such circumstances

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • false complaint
  • victim statement
  • clean antecedents
  • Section 64
  • Section 183
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.86055 of 2025
                  Arising Out of PS. Case No.-574 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Pintu Kumar S/o Tutu Kumar @ Vijay Kumar R/o Vill- Ladauya, P.S.-
                 Makhdumpur, Distt- Jehanabad

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Anil Kumar, Advocate
                                                 Mr. Shamir Mehra, Advocate
                 For the State           :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                    Heard Mr. Anil Kumar, learned counsel appearing on

                   behalf of the petitioner and Mr. Umeshanand Pandit, learned

                   APP appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 64 of the

                   B.N.S..

                                  3. The prosecution case, in brief, is that on 19.07.2025

                   at about 12 o’clock, when the informant was sleeping in her

                   rented house, in the meantime, this petitioner entered the house,

                   forcibly undressed her and established physical relations with

                   her.

                                  4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.86055 of 2025(2) dt.07-01-2026
                                            2/3




          committed no offence. As a matter of fact, in the morning of the

          alleged date of occurrence, husband of informant slapped the

          younger brother of this petitioner on which he protested and

          threatened the husband of informant not to repeat the same in

          future and in retaliation, this false and concocted case has been

          lodged. During investigation, the victim in her statement

          recorded under Section 183 of the B.N.S.S. has categorically

          stated that nothing has been done with her and she has lodged

          the present case only on the pressure of her husband. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, statement of the victim recorded under Section 183 of the

          B.N.S.S. and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial
             Patna High Court CR. MISC. No.86055 of 2025(2) dt.07-01-2026
                                                         3/3




                       Magistrate-I, Jehanabad in connection with Makhdumpur P.S.

                       Case No. 574 of 2025, subject to condition as laid down under

                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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