Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26771 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- GURARU District- Gaya ====================================================== Rupesh Kumar Son of Pravesh Yadav @ Ram Pravesh Yadav Resident of Village - Raja Bigha, P.S.- Guraru, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santosh Sao Son of Dinesh Sao Resident of Village - Mangrawa, P.S.- Guraru, District - Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner apprehends arrest in connection with Guraru P.S. Case No. 02 of 2025 registered for offences under Sections 70(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act.

3. The allegation against the petitioner is that he along with other accused persons kidnapped the minor victim and with the help of the accused persons including the petitioner, the coaccused Rakesh Kumar committed rape with the minor victim.

4. Considering the nature and the gravity of the offence, this Court is not inclined to grant the privilege of

Patna High Court CR. MISC. No.26771 of 2025(6) dt.17-02-2026 2/2 anticipatory bail to the petitioner in the present case.

5. Accordingly, the application for anticipatory bail stands rejected.

6. The petitioner is directed to surrender in the court below within a period of four weeks from today and seek regular bail, failing which the Senior Superintendent of Police, Gaya will take all steps for the arrest of the petitioner.

7. It is, however, clarified that the observations made herein are limited to the adjudication of the present application and shall not prejudice the case of the petitioner at any subsequent stage of the proceedings.

8. Let a copy of this order be communicated to the Senior Superintendent of Police, Gaya through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U