Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S. — s. 183, 482(2), 64
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
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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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