← Library
Patna High CourtCR. MISC./70774/2025bail granted

Raju Kumar v. The State Of Bihar

2026-02-11Mr. Justice Satyavrat Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70774 of 2025 Arising Out of PS. Case No.-112 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Raju Kumar S/O Jamun Rai @ Jamun Ray Resident of Village- Hanuman Nagar, P.S.- Rajepur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-02-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 376, 120(B), 506 and 34 of the Indian Penal Code and Section 67 of the I. T. Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Vishal Kumar informed her brother Aman Kumar by phone that he had made viral the obscene photo of the informant and further, asked the brother to perform her marriage with him, otherwise he would make viral other obscene pictures and videos of the informant. It is next alleged that about 3-4 months prior to the occurrence, the informant had gone to

2/4 nursing home and after injecting her, Vishal Kumar made obscene pictures and thereafter, under threat, called her at the nursing home and raped her. It is next alleged that she did not disclose the occurrence to her brother and when her brother started looking for a groom for the informant, when accused persons made her photos viral and on making complaint, accused persons abused her brother and disclosed that it was on their order that the photos and the naked videos were made viral. It is also alleged that even Nihal Kumar was also involved in making of the videos.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case during the course of investigation. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant specifically alleges against the accused persons and in sum and substance the allegation is that she had gone to a nursing home where Vishal Kumar injected her and made obscene pictures and based on the same called her and raped her. It is further submitted that petitioner is not named in the FIR and during the course of investigation, the informant disclosed that the injection was handed over to Vishal Kumar for injecting by this petitioner. It is further submitted that

3/4 initially when the FIR was instituted, the petitioner was not named in the FIR, subsequently he came to be implicated merely for the reason that he is a Compounder and works in the nursing home which is run by uncle of Vishal Kumar. It is also submitted that Vishal was taken in custody and he has been released on regular bail. It is further submitted that Nagendra Prasad @ Nagendra Prasad Singh along with two others had approached this Court seeking anticipatory bail by filing Cr. Misc. No.54027 of 2023 and the same came to be allowed by an order dated 18.08.2023. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Mithilesh Kumar, the learned District and Additional Sessions Judge, Exclusive Special Judge (Rape and POCSO Cases), East

4/4 Champaran, Motihari in connection with Rajepur P. S. Case No.112 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T