Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5868 of 2026 Arising Out of PS. Case No.-200 Year-2025 Thana- CHIKSAUR District- Nalanda ====================================================== 1.
Rakesh Kumar S/o Vijay Prasad @ Nagina Prasad @ Vijay Yadav R/o Village - Maranchi, P.O. and PS- Chiksaura, District- Nalanda 2.
Golu Kumar S/o Vijay Prasad @ Nagina Prasad @ Vijay Yadav R/o Village - Maranchi, P.O. and PS- Chiksaura, District- Nalanda 3.
Ravi Kumar S/o Vijay Prasad @ Nagina Prasad @ Vijay Yadav R/o Village - Maranchi, P.O. and PS- Chiksaura, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-04-2026
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chiksaura Police Station Case No. 200 of 2025, dated 22.10.2025, disclosing offences under Sections 126(2)/115(2)/352/351(2)/109(1)/74/3(5) of the Bhartiya Nyaya Sanhita.
3. That the prosecution case, as per the First Information Report, is that on 22.10.2025 at about 9:00 A.M., while the informant was at her shop, the petitioners entered into the informant's shop, started abusing her, misbehaved
2/4 with her and tried to outrage her modesty. Upon alarm being raised, the son of the informant came arrived there, whereupon the petitioners assaulted him with pistol butt causing him head injury. It has further been alleged that when the husband of the informant arrived, he was also assaulted and abused and was given life threats.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case on the basis of concocted story. No specific overt act has been alleged against the petitioners and allegations against them are general and omnibus in nature. He next submits that there is love affairs between the informant's daughter and petitioner no. 1 which was opposed by the informant's side due to which the present occurrence has taken place. There is case and countercase between the parties inasmuch as the side of the petitioners has lodged Chiksaura Police Station Case No. 205 of 2025 against the informant's husband and others. He further submits that the victim has sustained simple injury caused by hard and blunt substance.
5. On the other hand, learned counsel for the State, referring to the supervision note at paragraph no. 25 of the case
3/4 diary, submits that allegation against the petitioner no. 1 is specific and due to his inappropriate behavior of harassment and teasing and after several unsuccessful attempts at counseling and resolution, the informant has decided to discontinue her daughter's schooling/tuition in order to ensure her safety and protect her dignity.
6. Regards being had to the submissions made on behalf of the parties and taking into consideration the supervision note at paragraph no. 25 of the case diary and the fact that there is specific allegation against the petitioner no. 1, I am not inclined to grant the petitioner no. 1 privilege of anticipatory bail.
7. This application with respect to petitioner no. 1 is, accordingly, dismissed.
8. Insofar as petitioner nos. 2 and 3 are concerned, the allegations against them are general and omnibus in nature and the victim has sustained simple injury, I am inclined to grant petitioner nos. 2 and 3 privilege of anticipatory bail.
9. Let the petitioner nos. 2 and 3, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of
4/4 Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Hilsa, Nalanda, in connection with Chiksaura Police Station Case No. 200 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J) ashwani/- U T