Patna High Court
Satyam Kumar Thakur @ Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner on condition of a bond and two sureties.
Summary
The petitioner, Satyam Kumar Thakur, was arrested in connection with a case registered on 8 August 2025 under multiple sections of the B.N.S., alleging that he, along with co‑accused, enticed a married woman, administered intoxicants, and had a physical relationship with her, threatening her and later assaulting her in the presence of her children. The woman later alleged that the petitioner had raped her. The petitioner sought regular bail, contending that the FIR was a typed version, the alleged victim had not raised a hue and cry, the case was lodged after five months, and he had no prior criminal record. The State opposed bail, emphasizing the seriousness of the offences, especially the rape allegation. After considering the facts, the court held that bail could be granted on condition of a bond of Rs 10,000 with two sureties. Accordingly, the application for bail was allowed.
Issues considered
- Whether regular bail should be granted in a case involving alleged rape and other offences under the B.N.S.
- Whether the delay in filing the FIR and the victim’s conduct affect the petitioner’s eligibility for bail
Legislation cited
- B.N.S. — s. 115(2), 123, 126(2), 303(2), 3(5), 351(2), 352, 61(2), 64, 69
Subjects
- bail
- regular bail
- rape
- sexual assault
- intoxication
- criminal procedure
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14281 of 2026
Arising Out of PS. Case No.-58 Year-2025 Thana- BATHWARIA District- West Champaran
======================================================
Satyam Kumar Thakur @ Satyam Kumar S/O Raju Thakur Resident of
Village- Pipara Bhathahiya, P.S.- Bathawariya., District West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O YYY Resident of Village- Pipara Bhathahiya Ward no.- 02, P.S.-
Bathawariya., District West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate
Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
For the O.P. No.2 : Mr. Sachida Nand Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bathwariya P.S. Case
No. 58 of 2025 dated 08.08.2025 registered for the offences
punishable under Sections 126(2), 115(2), 61(2), 123, 64, 69,
352, 351(2), 303(2) and 3(5) of B.N.S.
3. As per the allegation, the informant claims to be
married from before having two children. This petitioner along
with co-accused persons who are neighbours with intention to
grab her money and ornaments had enticed her, in course of
which she was given an intoxicating substance in the cold
Patna High Court CR. MISC. No.14281 of 2026(3) dt.20-04-2026
2/3
drinks, the informant believed that this petitioner had given her
some intoxicating material and has contracted physical
relationship with her, video to this effect was also perhaps made.
The informant was being threatened and upon such threatening,
she went with the petitioner on a bus to Gorakhpur, thereafter
bought a drink to Ludhiana and they lived in a rented house,
physical relationship was also there between the parties. This
petitioner has also assaulted the victim in presence of her
children, she anyhow escaped from the clutches of the petitioner
and reached her house.
4. Learned counsel for the petitioner has submitted
that petitioner from the bare reading of the FIR which is a typed
version, the informant who was married from before entered
into physical relationship with the petitioner, she went from
places to places travelled on a bus and train but she did not raise
any hue and cry when she has an opportunity to do so. The case
has been lodged after five months and the conduct of the
informant/victim does not come under the offence of rape. The
petitioner is in custody since 09.08.2025 having no criminal
antecedent.
5. Learned A.P.P. for the State and Opposite Party
No.2 have vehemently opposed the prayer for bail of the
Patna High Court CR. MISC. No.14281 of 2026(3) dt.20-04-2026
3/3
petitioner. Learned counsel for the Opposite Party No.2 has
further submitted that the life of this informant has been ruined
at the hands of the petitioner and there is direct allegation of
rape.
6. Perused the records and considered the submissions
of the parties as well as considering the facts and circumstances
of the case, the petitioner above-named is directed to be
enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Court concerned, Bettiah, West
Champaran in connection with Bathwariya P.S. Case No. 58 of
2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…