Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62410 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- INARWA District- West Champaran ====================================================== Rupesh Kumar S/O Jaglal Sah R/O Village - Inarwa, P.S - Inarwa, Distt.- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Malti Devi W/O Makhan Padit R/O Village- Inarwa, P.S- Inarwa, Distt.- West Champaran.

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

For the Petitioner/s :

Mr. Shashank Chandra, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2025

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 191(2), 191(3), 190, 115(2), 126(2), 76 and 63(d)(vi) of the BNS as well as Sections 4 and 6 of the POCSO Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and in sum and substance, the allegation against the petitioner is that he entered the house of the informant in her absence and tried to commit rape on the victim and when the victim raised an alarm, the informant along with others came and caught him but his family members came and took him away.

Patna High Court CR. MISC. No.62410 of 2025(2) dt.07-11-2025 2/3

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that initially, the informant had instituted a complaint case on 24.03.2025 with regard to an occurrence dated 13.03.2025 based on which the instant FIR came to be instituted on 03.04.2025, as such, the instant FIR arises from a complaint. It is further submitted that a complaint case was deliberately instituted by way of a counterblast to Inarwa P.S. Case No. 38 of 2025 dated 15.03.2025 instituted by the mother of the instant petitioner in which informant, her husband along with three sons were accused. It is next submitted that in Inarwa P.S. Case No. 38 of 2025, it was alleged that the accused persons brutally assaulted the instant petitioner when he went to attend the call of nature.

It is also submitted that from perusal of the allegation as alleged in the instant FIR, it would manifest that allegation is of attempt to commit rape and the said allegation has been alleged only with a view to coerce the petitioner and his family members into submission.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned

Patna High Court CR. MISC. No.62410 of 2025(2) dt.07-11-2025 3/3 counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Inarwa P.S. Case No. 45 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T