Patna High Court
Jitesh Kumar @ Jitesh Kumar SainiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Jitesh Kumar, applied for regular bail in a case registered under sections 64 and 62 of the B.N.S., 2023, alleging an attempted rape and grievous injury to the victim. He has been in custody since 12 September 2025. The petitioner claimed that he was in a live-in relationship with the victim and that the FIR was false. The State opposed the bail, emphasizing the seriousness of the alleged offences. Justice Sandeep Kumar, after hearing both sides, declined to grant bail, noting the brutal nature of the act, and ordered that the application be rejected, allowing the petitioner to reapply if the trial is delayed.
Issues considered
- Whether regular bail should be granted to the accused in a case of alleged attempted rape and injury under sections 64 and 62 of the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 62, 64
Subjects
- regular bail
- attempted rape
- B.N.S. 2023
- criminal procedure
- FIR false claim
- live-in relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89053 of 2025
Arising Out of PS. Case No.-429 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
Jitesh Kumar @ Jitesh Kumar Saini Son of Ramji Prasad Resident of
Mohalla- Panjabi Colony New Gaudam, P.S. -Kotawali, District- Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application for grant of regular bail
arises out of Kotwali P.S. Case No.429 of 2025 registered for
the offence punishable under sections 64 and 62 of the B.N.S.,
2023.
3. The petitioner is said to have tried to commit
rape with the victim and has also brutally injured her private
parts.
4. The petitioner is in custody since
12.09.2025.
5. Learned counsel for the petitioner submits
that the petitioner was in a live-in relationship with the victim
and the allegation made in the F.I.R. is false.
Patna High Court CR. MISC. No.89053 of 2025(4) dt.25-03-2026
2/2
6. Considering the brutal act of the petitioner, I
am not inclined to grant bail to the petitioner. Accordingly, this
bail application is rejected. If the trial is delayed, the petitioner
may renew his prayer for bail.
(Sandeep Kumar, J)
pawan/-
U T
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