Created by Fuzzy Cloud

Patna High Court

Sandip KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

The petitioner, Sandip Kumar, was arrested in connection with a case registered under Sections 126(2), 115(2), 87, 352 and 3(5) of the BNS and Section 8 of the POCSO Act, alleging that he and accomplices entered the informant’s house at night, gagged the informant’s minor daughter and attempted to abduct and rape her. The victim, a minor, gave two statements: one under Section 180 describing the use of force and attempted rape, and another under Section 183 alleging that the petitioner actually committed rape, leading the defence to argue that the prosecution’s narrative is inconsistent. The informant’s counsel maintained that the minor was induced by the petitioner and had left the house on his call. The petitioner sought bail, contending that the statements were contradictory and that he was merely in contact with the victim on social media. After hearing both sides, the Court found that the seriousness of the offences did not preclude bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted to the accused in a case involving offences under the BNS and the POCSO Act involving a minor
  • Whether the contradictions in the victim’s statements affect the merit of the bail application

Legislation cited

Subjects

  • bail
  • POCSO Act
  • minor victim
  • sexual assault
  • contradictory statements
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10732 of 2026
                 Arising Out of PS. Case No.-821 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Sandip Kumar S/o Jitendra Sahni @ Jitendra Chaudhary R/o vill - Sonbarsa,
                 P.S.- Yogapatti, Distt.- West Chamapran
                                                                        ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     X W/o Umesh Prasad R/o Vill - Majhauliya Sekh, P.S.- Majhauliya, Distt.-
                  West Champaran
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Sarvesh Kashyap, Advocate
                 For the State           :       Mr. Rajendra Prasad Nat, APP
                 For the Informant       :       Mr. Shubham Shivansh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   07-04-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the Informant.

                                 2. The petitioner has prayed for bail in connection

                   with Majhauliya P.S. Case No.821 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 87, 352 &

                   3(5) of the BNS and under Section 8 of the POCSO Act.

                                 3. The case of the prosecution, in short, is that the

                   informant was sleeping at his house. At about 01:00 A.M., the

                   petitioner along with others entered in the house of the

                   informant gagged the mouth of the informant’s minor daughter

                   and attempted to take her away. The daughter of the informant

                   raised alarm and with the help of neighbourers the petitioner

                   was apprehended and others vanished.
Patna High Court CR. MISC. No.10732 of 2026(3) dt.07-04-2026
                                            2/3




                       4. Learned counsel for the petitioner has submitted

          that during course of investigation victim has given her

          statement under Section 183 but she has developed the story and

          has even gone to the extent that the petitioner has committed

          rape with her. It has further been submitted that from perusal of

          paragraph ‘96’ of the case diary it will transpire that the

          petitioner and the victim of this case were on talking terms on

          social media and they have chat even on the date of occurrence.

          It is not the case where the petitioner has entered in the house of

          the informant. It has further been submitted that in statement of

          the victim under Section 180 of the BNSS she has stated that the

          petitioner has used force against her and attempted to rape

          whereas in her Section under Section 183 she has stated that the

          petitioner has committed rape. Learned counsel for the

          petitioner has submitted that prosecution has developed the

          story step by step which is contradictory.

                       5. Countering this, learned counsel for the Informant

          has submitted that the victim is minor and the petitioner has

          induced her and on his call the victim has gone out from her

          house.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is
            Patna High Court CR. MISC. No.10732 of 2026(3) dt.07-04-2026
                                                        3/3




                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      District and Additional Sessions Judge 6th cum Special Judge,

                      POSCO, Bettiah, West Champaran in connection with

                      Majhauliya P.S. Case No.821 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.