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Patna High Court

Satyam Kumar Thakur @ Satyam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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