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Patna High Court

Santosh Kumar Pandit @ Santosh PanditversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations were of a serious nature warranting custody.

Summary

Santosh Kumar Pandit was arrested in a case registered under Sections 318(2) and 64(i) of the Bihar Narcotic and Sexual Offences Act, 2023, alleging rape on a false promise of marriage, recording of the obscene act, and subsequent sexual exploitation. The victim's statement, recorded under Section 183 of the same Act, corroborated the prosecution's case. The petitioner filed an application for anticipatory bail, fearing arrest. The court examined the seriousness of the allegations, the victim's recorded statement, and the nature of the offences. Considering the gravity of the accusations and the risk of tampering with evidence, the court rejected the anticipatory bail application. The petition was dismissed, and the petitioner remains liable to be taken into custody.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case involving alleged rape, false promise of marriage, and sexual exploitation under Sections 318(2) and 64(i) of the B.N.S., 2023.

Subjects

  • anticipatory bail
  • rape
  • false promise of marriage
  • sexual exploitation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89730 of 2025
                 Arising Out of PS. Case No.-178 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Santosh Kumar Pandit @ Santosh Pandit S/o Ram Ekbal Pandit R/o Village-
                 Bakhari Mahesh, P.S- Kalyanpur, Dist- East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amit Kumar
                 For the Opposite Party/s :      Mr.Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 318(2), 64(i) of

                   the B.N.S., 2023.

                                3. As per F.I.R., this petitioner is alleged to have

                   committed rape upon informant on false promise of marriage,

                   made video of the obscene act and on threat of making video

                   viral, he sexually exploited her several times and later on,

                   refused to marry her. The victim, in her statement recorded

                   under Section 183 of the B.N.S.S., has supported the

                   prosecution case and made specific accusation of committing

                   rape against petitioner.

                                4. Considering the nature of accusation, the prayer
           Patna High Court CR. MISC. No.89730 of 2025(2) dt.15-01-2026
                                                       2/2




                     for anticipatory bail of petitioner is rejected.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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