Patna High Court
Govind Kumar Das @ Govind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions.
Summary
The petitioner, Govind Kumar Das, was arrested on 9 April 2025 in connection with a rape allegation under Section 64(1) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case was based on the victim’s initial claim that the petitioner had raped her, but the victim’s later statement recorded under Section 183 indicated that the petitioner only removed her saree and did not commit rape, and she refused a medical examination. The petitioner argued that he has a clean antecedent and that the allegation is false and fabricated. The Additional Public Prosecutor opposed bail. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made subject to cancellation if the petitioner fails to comply with the conditions.
Issues considered
- Whether bail should be granted to the accused under Section 64(1) of the Bharatiya Nyay Sanhita, 2023 pending trial.
- Whether the victim’s statement under Section 183 of the Bharatiya Nyay Sanhita weakens the prosecution’s case enough to justify bail.
- Whether the petitioner’s clean antecedent and claim of false allegation warrant the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 64(1)
Subjects
- bail
- rape
- false allegation
- victim statement
- criminal antecedent
- Bharatiya Nyay Sanhita
- Section 64
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88000 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- BARARI District- Katihar
======================================================
Govind Kumar Das @ Govind Kumar S/o- Late Sharvan Das @ Sharvan
Tatma Resident of village-Raunia,Ward no 06 PS-Barari,District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
: Mr. Vivekanand Jha, Advocate
: Ms. Isha Mishra, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 01-04-2026 Heard Mr. Sharda Nand Mishra, learned counsel
for the petitioner as well as Mr. Anil Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.04.2025 in connection with Barari P.S. Case No. 97 of 2025,
F.I.R. dated 09.04.2025 for the offences punishable under
Sections 64(1) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that on 08.04.2025 at 10.30 P.M when she was alone in
her house, then petitioner came and raped her. Upon protest, her
father-in-law and other villages came and rescued her.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. He next submits that the
victim, in her statement recorded under Section 183 of BNSS
did not support the case of the prosecution and she has stated
that petitioner only removed her saree but he did not committed
any wrong with her and apart from that she has refused for her
medical examination and the petitioner is in custody since
09.04.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M,
Katihar in connection with Barari P.S. Case No. 97 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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