Patna High Court
Sandip KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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
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