Babloo Kumar @ Bishwajeet Chanchal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53397 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- MAHILA P.S. District- Vaishali ====================================================== Babloo Kumar @ Bishwajeet Chanchal S/o Pappu Bhagat @ Amarjeet Bhagat R/o Village- Jadhua Barai Tola, Choti Yusufpur, P.S.- Industrial Area, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025
1. 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 the offences punishable under Sections 115(2), 126(2), 64 and 333 of BNS.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 20.11.2024 at 09:00 PM, the informant after having dinner went to sleep, when the accused entered with knife in her room and putting her under fear of death committed rape, on alarm, the sister of the informant came when the petitioner molested her sister also and threatened not to disclose the occurrence to their parents otherwise the informant would be
Patna High Court CR. MISC. No.53397 of 2025(2) dt.18-08-2025 2/3 killed.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that informant was taking tuition from the petitioner and some money was due, as such on account of dispute relating to tuition fee, a false case came to be instituted. It is also submitted that the injury report also does not corroborate the allegation of rape. It is next submitted that date of occurrence is 20.11.2024 and the FIR came to be instituted on 25.11.2024 i.e. after a delay of five days, which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that in the nature of allegation as alleged in the FIR, delay is not fatal for the reason that no family when such occurrence is committed are willing to institute an FIR fearing that the same will bring disrepute to the victim, it is also submitted that petitioner is a teacher and being teacher, he committed such an occurrence. It is next submitted that informant would not bring disrepute to herself and her sister on trivial issue of tuition fee. It is next submitted that the case is under investigation.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.53397 of 2025(2) dt.18-08-2025 3/3 APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.
7. Accordingly, the instant anticipatory bail application stands rejected.
(Satyavrat Verma, J) Rishabh/- U T