Patna High Court
RANJIT KUMAR @ RANJIT SINGH @ RANJEET KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the case involved a serious alleged attempt to rape a minor.
Summary
The petitioners, Ranjit Kumar and Sujit Singh, were implicated in a case (Halai P.S. Case No. 107 of 2025) alleging an attempt to rape a minor, invoking several sections of the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act. They applied for anticipatory bail, arguing that the victim's statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita indicated only an attempt, not a completed offence. The State opposed the bail, emphasizing the seriousness of the alleged crime. The Court held that, given the gravity of the alleged attempt to commit rape of a minor, anticipatory bail was not appropriate. Consequently, the petitioners were ordered to surrender within two weeks and seek regular bail, with failure to do so leading to their arrest.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged attempt to commit rape of a minor under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act
- Whether the seriousness of the alleged offence precludes the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 109(D), 115(2), 118(D), 126(2), 303(2), 3(5), 351(2)(3), 352, 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- anticipatory bail
- rape attempt
- minor
- POCSO Act
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88651 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- HALAI District- Samastipur
======================================================
1. Ranjit Kumar @ Ranjit Singh @ Ranjeet Kumar S/O- Mahendra Singh R/V-
Rariyahi Po- Kumaiya Ps- Halai Dist- Samastipur
2. Sujit Singh S/O- Mahendra Singh R/V- Rariyahi Po- Kumaiya Ps- Halai
Dist- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o- Y R/v- Rahiyari Po- Kumaiya Ps- Halai Dist- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar
For the Opposite Party/s : Mr. Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioners and Mr.
Jharkhandi Upadhyay, the learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Halai P.S. Case No. 107 of 2025 registered for offences under
Sections 126(2), 70(2), 115(2), 118(D), 109(D), 303(2), 352,
351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioners are
alleged to have committed rape with the minor victim.
4. The learned counsel for the petitioners submits that
in her statement recorded under Section 183 of the Bharatiya
Nagarik Suraksha Sanhita, the victim has stated that the
Patna High Court CR. MISC. No.88651 of 2025(2) dt.15-01-2026
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petitioners had attempted to commit rape.
5. The learned APP for the State has vehemently
opposed the prayer of the petitioners.
6. Even if the allegation against the petitioners is of an
attempt to commit rape, considering the seriousness of the
offence, this Court does not find it a fit case for grant of
anticipatory bail. Accordingly, the application for anticipatory
bail stands rejected.
7. The petitioners are directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Samastipur will take all steps for the arrest of the petitioners.
8. Let a copy of this order be communicated to the
Superintendent of Police, Samastipur through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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