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Patna High Court

Satendra Bind @ Satyendra BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted bail to the petitioner, subject to a bond of Rs.10,000 with two sureties.

Summary

Satendra Bind was arrested in connection with a case alleging kidnapping, rape, and forced marriage of a minor, with charges under the Bihar Nyaya Sanhita, the Indian Penal Code and the POCSO Act. The petitioner sought bail, arguing lack of prior criminal record and inconsistencies in the victim's statements. The State opposed bail, emphasizing the gravity of the offences. The Court, noting the improbable nature of the case and the victim's inconsistent stand, decided to grant bail on condition of a Rs.10,000 bond with two sureties. The order expressly limited its observations to the bail application and clarified they do not prejudice the trial.

Issues considered

  • Whether bail should be granted in a case involving kidnapping, rape, and forced marriage of a minor under the B.N.S Act, IPC and POCSO Act
  • Whether the alleged inconsistencies in the victim's testimony justify bail
  • Whether the petitioner’s lack of prior criminal antecedent warrants bail despite serious charges

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • forced marriage
  • POCSO
  • serious offences
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10444 of 2026
                    Arising Out of PS. Case No.-129 Year-2025 Thana- DULHIN BAZAR District- Patna
                 ======================================================
                 Satendra Bind @ Satyendra Bind S/O Sri Sulendra Bind @ Surendra Bind
                 Resident of Village- Mali, P.S.- Vanshi, District- Arwal.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar Bihar
           2.     X D/O Y Resident of village- Jhabhuchak, P.S.- Dulhin Bazar, District-
                  Patna
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar Sinha, Adv.
                 For the Opposite Party/s :      Mr.Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

5   06-05-2026                    Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks bail in connection with Dulhin

                   Bazar P.S. Case No. 129 of 2025 instituted for the offences under

                   Sections 137(2), 96, 70(2), 115(2), 351(2) of the B.N.S Act (U/s. 363,

                   366A, 376(D)(A) 323, 506 I.P.C.) and 4 of the POCSO Act of the

                   Bharatiya Nyaya Sanhita.

                                3. The allegation is that the informant, a minor, was

                   kidnapped by six persons and raped. On 01.05.2025 they all

                   assaulted her and raped her. Thereafter, the petitioner took her to his

                   house and kept her there for four days and forcibly married her. She

                   states that when they went to the local police station, the police

                   refused to take the F.I.R. and sent her back with the petitioner.

                   Thereafter petitioner took her to Gorakhpur and raped her of 15 days.

                                4. Learned counsel for the petitioner states that it would be

                   difficult for a person to marry a lady when she has been raped by his
           Patna High Court CR. MISC. No.10444 of 2026(5) dt.06-05-2026
                                                       2/2




                     friends. Moreover, the police at Dulhin Bazar on the statement of the

                     girl had sent her with the petitioner and from Gorakhpur she fled

                     away. The petitioner is in custody since 23.07.2025 and has got no

                     criminal antecedent.

                                  5. Learned A.P.P. for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the improbable nature of the case and

                     inconsistent stand of the victim, this Court is inclined to grant bail to

                     the petitioner.

                                  7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.10,000/- (Ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned District and Additional

                     Sessions Judge-VII cum Exclusive                     Special Judge   POCSO,

                     Patna/concerned Court in connection with Dulhin Bazar P.S. Case

                     No. 129 of 2025.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations shall

                     not be construed as an expression on the merits of the case and shall

                     not influence the trial or any other proceedings in any manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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