Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43716 of 2026 Arising Out of PS. Case No.-100 Year-2026 Thana- OBRA District- Aurangabad ====================================================== Prince Kumar S/O Sri Rampravesh Singh R/O Village- Karur, P.S- Gorari, Karakat, District- Rohtas (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 64(1) and 137 of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that this petitioner, who is brother-in-law of the daughter of informant, made her consume intoxicant mixed Samosa and cold drink and made her unconscious and thereafter, established sexual relationship with her thrice. It is further alleged that petitioner threatened the daughter of informant with dire consequences, if she made any complaint.
4. Learned counsel for the petitioner submits that
2/4 petitioner is innocent and has committed no offence. Allegation against petitioner is that he committed rape with the daughter of informant three times between 11.03.2026 to 12.03.2026 and dropped her off the main road of Kajhavan by 8 PM. Thereafter, on 18.03.2026, informant complained at the Obra police station without any explanation of the delay of six days. Husband of the informant, namely, Sanjit Singh also lodged and F.I.R. on 13.03.2026 i.e., Karakat P. S. Case No. 118 of 2026 alleging that the petitioner was having love affair with his wife and took ornament worth Rs. 4 lacs from her. It was further alleged that on 12.03.2026, at 7 PM, he along with five persons went to the house of informant to inquire where petitioner and others abused and assaulted them. The falsity of the allegation can be judged from the aforesaid F.I.
R. itself that on 12.03.2026 at 7 PM petitioner was present at his village house however, instant case was lodged by the wife of the informant of Karakat P. S. Case No. 118 of 2026, alleging that on 12.03.2026 till 4 PM, petitioner committed rape and at 8 PM left the victim at Kajhanv main road. On 14.03.2026, another F.I.R. was lodged against petitioner and his family members by his agnate, who is relative of the informant, i.e., Karakat P. S. Case No. 122 of 2026 alleging that on 12.03.
3/4 informant came at his house and was making a complaint, this petitioner and his family members came there, assaulted him and took Rs. 25,000/- cash and clothes. These two F.I.Rs clearly goes to show that the present F.I.R. is nothing but a false implication in order to harass and humiliate the petitioner. As a matter of fact, daughter of the informant is married to the brother of petitioner and there is on-going matrimonial dispute between the parties. During investigation, no material has come to show complicity of the petitioner in the alleged offence.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering backdrop of the case, case and counter case and materials available on record, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Obra P. S. Case No. 100 of 2026, subject to condition as laid down under Section 482 (2) of the Bharatiya
4/4 Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Sanjay/AlokU T