Patna High Court

Santosh Kumar @ Santosh Kumar RayversusThe State of Bihar

Decided: 29 January 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

The Court denied bail to the appellants, holding that the seriousness of the allegations and the victim's statement warrant continued custody.

Summary

The appellants, Santosh Kumar and Devendra Kumar, were named in an FIR for alleged rape under sections 376 and 34 of the Indian Penal Code and for an offence under section 3(2)(v) of the SC/ST Act. The victim corroborated the allegation in a statement recorded under section 164 of the Criminal Procedure Code. The appellants sought bail, fearing arrest, but the Court considered the seriousness of the charges and the victim's statement. On 29-01-2026, Justice Prabhat Kumar Singh heard the arguments and rejected the bail prayer. Consequently, the appellants remain in custody pending trial.

Issues considered

Whether bail can be granted to the accused in a case involving alleged rape under IPC sections 376/34 and an offence under the SC/ST Act.
Whether the victim's statement under section 164 CrPC precludes the grant of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 164
Indian Penal Code — s. 34, 376
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)

Subjects

bail
rape
IPC
SC/ST Act
criminal procedure
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.196 of 2024
                     Arising Out of PS. Case No.-415 Year-2016 Thana- AHIYAPUR District- Muzaffarpur
                  ======================================================
            1.    Santosh Kumar @ Santosh Kumar Ray Son of Ramchandra Ray R/o vill -
                  Mithanpura, P.S. - Ahiyapur, Distt. - Muzaffarpur
            2.    Devendra Kumar Son of Dahaur Ray R/o vill - Mithanpura, P.S. - Ahiyapur, Distt. -
                  Muzaffarpur
                                                                                    ... ... Appellant/s
                                                        Versus
            1.    The State of Bihar
            2.    Renu Devi W/o Lal Babu Ram R/o vill - Boaria, P.s .- Mahua, Distt. - Vaishali
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr. Sagar Kumar, Advocate
                  For the Respondent/s    :        Mr. Sadanand Paswan, SPP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

4    29-01-2026                     Heard learned counsel for the parties.

                                    2. Appellants apprehends arrest in a case registered

                    for the offence punishable under sections 376/34 of the Indian

                    Penal Code and Section 3(2)(v) of the SC/ST Act.

                                    3. Appellants are named in the FIR with allegation

                    that they committed rape on the victim, who also supported the

                    allegation in her statement recorded u/s 164 of the Cr.P.C.

                                    4. Considering the nature of accusation and

                    aforesaid statement of the victim, prayer for bail of the appellants

                    is rejected.


                                          (Prabhat Kumar Singh, J)
khushbu/-

U      T

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