Khublal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52379 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Khublal Kumar, S/o Jailal Sahani, resident of Village-Aajgarwa P.S.- Lakhaura, District- East Champaran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel for the informant.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Lakhaura P.S. Case No.83 of 2025 registered under Section 70(1) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').

3. As per FIR, the petitioner along with co-accused persons committed rape upon informant on 31.03.2025 at about 3:00 pm while she was cutting grass in the field.

4. It is submitted by learned counsel appearing for petitioner that this is a case of physical assault but, under the garb of injury, petitioner implicated for sexual assault. It is

Patna High Court CR. MISC. No.52379 of 2025(3) dt.13-11-2025 2/2 also submitted that petitioner is a man of clean antecedent.

5. Learned APP duly assisted by learned counsel appearing for informant while opposing the prayer of bail submitted that the victim has received multiple injuries around face, neck and scapular region while resisting the occurrence of rape. It is submitted that victim altogether received more than eight injuries during the occurrence. It is also pointed out that the occurrence was duly supported, specifying the name of this petitioner while recording statement of victim under Section 183 of the Bhartiya Nagrik Suraksha Sahita, 2023 (in short 'BNSS').

6. Considering the multiple injuries as received by informant/victim, coupled with the fact that allegation is specific against petitioner as per statement of victim recorded under Section 183 of the BNSS qua committing rape upon her, accordingly, the prayer of anticipatory bail stands rejected.

(Chandra Shekhar Jha, J.) Sanjeet/- U T