Patna High Court
Sikandra Kumar @ Sikindra SahniversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sikandra Kumar, was arrested on 10 October 2025 in connection with a case alleging kidnapping, rape, and the circulation of obscene photographs of a minor girl. The prosecution presented a victim statement recorded under Section 183 of the BNS Act, confirming the allegations and noting the victim was 16 years old at the time of the offence. The petitioner argued he has a clean antecedent and that the FIR is fabricated, seeking bail. The court examined the seriousness of the charges, the victim's corroborated testimony, and the fact that the offences fall under the SC/ST Act and the POCSO Act, which protect minors. Considering these factors, the court declined to grant bail, refusing the petitioner's prayer.
Issues considered
- Whether bail should be granted to the accused in a case involving kidnapping, rape of a minor, and related offences under the BNS Act, SC/ST Act, and POCSO Act.
Legislation cited
Subjects
- bail
- rape
- minor
- SC/ST Act
- POCSO Act
- kidnapping
- obscene material
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11689 of 2026
Arising Out of PS. Case No.-263 Year-2025 Thana- WARISNAGAR District- Samastipur
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Sikandra Kumar @ Sikindra Sahni Son of Rudal Sahni Resident of Village-
Kusaiya, P.S- Warisnagar,District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Deepa Devi W/O- Rijhan Paswan vill- kusaiya, ps- warisnagar, dist-
samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Ms. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Despite valid service of notice, no one appears on
behalf of the Opposite Party No. 2.
2. Heard Mr. Rajeev Ranjan, learned counsel for the
petitioner and Ms. Usha Kumari 1, learned Additional Public
Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
10.10.2025 in connection with Warisganj P.S. Case No. 263 of
2025, F.I.R. dated 10.10.2025 for the offences punishable under
Sections 137(2), 64, 96, 76, 352, 351(2) and 3(5) of the BNS,
2023, Sections 3(1), (r) 3(1) (s) and 3(2) (Va) of the SC/ST Act
and Sections 8 and 12 of the POCSO Act.
4. According to prosecution case, this petitioner has
Patna High Court CR. MISC. No.11689 of 2026(3) dt.30-04-2026
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kidnapped the daughter of the informant and committed rape
with her. It is further alleged that the petitioner circulated
obscene photos of the victim.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR.
6. Learned Additional Public Prosecutor on the basis
of material available on record as well as case diary has
vehemently opposed the prayer for bail of the petitioner and
submits that the victim was recovered and her statement was
recorded under Section 183 of the of the BNSS, 2023 in which
she has fully supported the case of the prosecution and apart
from that she has stated that the petitioner has committed rape
upon her. He further submits that the date of birth of victim is
01.01.2009 and the date of occurrence is 16.09.2025 which
suggest that on the date of occurrence the victim was only 16
years and 8 months old hence, she was minor at the time of
occurrence.
7. Considering the nature of allegation supported by
the victim in her statement recorded under Section 183 of the
Patna High Court CR. MISC. No.11689 of 2026(3) dt.30-04-2026
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BNSS, 2023 as well as age of the victim, I am not inclined to
enlarge the petitioner on bail in connection with Warisnagar P.S.
Case No. 263 of 2025 pending in the court of learned Additional
Sessions Judge-VI-cum-Special Court (POCSO) District-
Samastipur.
8. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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