Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding the evidence insufficient to justify continued detention.
Summary
The petitioner, Rahul Kumar, sought bail in a case registered under Sections 329(4), 64, 308(3) and 3(5) of the B.N.S., alleging involvement in a sexual act with a minor and extortion. The prosecution alleged that the petitioner, along with three others, assisted Vicky Kumar in filming a forced sexual encounter with the minor and later demanded Rs. 2 lakh. The petitioner contended he was falsely implicated, asserting that the victim’s statement indicated she had invited Vicky herself, that he was merely present outside, and that no video or extortion call could be proven. The trial court had recorded the victim’s statement, but no corroborating video evidence was found. After hearing both sides, the High Court found the evidence insufficient to deny bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of sexual assault, video recording, and extortion under the cited sections of the B.N.S.
Legislation cited
- B.N.S. — s. 308(3), 329(4), 3(5), 64
Subjects
- bail
- criminal procedure
- sexual assault
- extortion
- minor
- video evidence
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88963 of 2025
Arising Out of PS. Case No.-370 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Rahul Kumar, Son of Ram Janam Ray, Resident of Village- Khanjaha Chak,
PS- Lalganj District -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Lalganj P.S. Case No. 370 of 2025 registered for the
offence punishable under Sections 329(4), 64, 308(3) and 3(5)
of B.N.S.
3. The case of the prosecution, in short, is that one
Vicky Kumar was establishing physical relationship with the
informant while she was minor on the false promise of
marriage. It is further alleged that on 17.07.2025, he along with
his three friends including this petitioner arrived at her house.
Vicky established physical relationship whereas his other
associates made video of the act. It is further alleged that the
petitioner and others have made threatening call to the mother of
Patna High Court CR. MISC. No.88963 of 2025(2) dt.12-01-2026
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the informant and have also demanded Rs. 2 Lakh. It is further
alleged that Vicky Kumar has refused the proposal of marriage
of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During course of investigation, the victim has given her
statement which was recorded by learned trial Court in its order
dated 25.11.2025. The learned trial Court has recorded “ that the
victim has stated in her statement under Section 183 of the
B.N.S.S. that on 17.07.2025 she has called Vicky herself and
Vicky has established forceful physical relationship with her,
Rahul has made the video regarding which she did not know.
Rahul, Niraj and Sunny were standing outside and they have
demanded Rs. 2 Lakh.” Learned counsel for the petitioner has
further submitted that statement of the victim goes to show that
she herself has called accused Vicky at her house and it is also
clear that the petitioner along with others were standing outside
the house. It has also been submitted that during investigation,
no such video has been found. It has also been submitted that no
call regarding extortion of Rs. 2 Lakh has been made by this
petitioner. The main thrust of allegation is against co-accused
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Vicky Kumar. Petitioner is languishing in judicial custody since
29.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Vaishali at Hajipur in connection with
Lalganj P.S. Case No. 370 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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