Patna High Court
Sikandar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the bail application, directing the petitioner’s release on bail with a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Sikandar Kumar, sought regular bail in a case involving offences under IPC sections 323, 34, 341, 376‑D‑A, 504 and 506 and Section 4 of the POCSO Act, relating to the alleged rape of a minor on 10‑04‑2020. The petitioner was not named in the FIR; his name appeared only in the victim’s confessional statement recorded under Section 164 CrPC. He had three prior cases and had been in custody since 04‑12‑2025. The counsel highlighted the delay of more than a month between the incident and the FIR, the lack of injury report, and a prior bail order granted to a similarly situated accused (Nivas Kumar) in Cr. Misc. No.48950 of 2021. The State opposed bail. After considering the earlier bail orders and the factual circumstances, the Court directed the petitioner’s release on bail with a bond of Rs 10,000 and two sureties of the same amount. The application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences, including rape of a minor.
- Whether the delay in filing the FIR, the absence of the petitioner’s name in the FIR, and lack of corroborative injury report justify granting bail.
- Whether the earlier bail order in a similar case (Nivas Kumar) is persuasive authority for granting bail in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 323, 34, 341, 376-D-A, 504, 506
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- rape
- minor
- IPC
- POCSO
- Criminal Procedure Code
- regular bail
- delay in FIR
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15443 of 2026
Arising Out of PS. Case No.-28 Year-2020 Thana- MAHILA P.S. District- Samastipur
======================================================
Sikandar Kumar Son of Sahindra Sah Resident of village -Simri PS-
Vidyapati Nagar District -Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X wife of Y Resident of village -Simri PS- Vidyapati Nagar District
-Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 323, 34, 341, 376-D-A, 504
and 506 of the Indian Penal Code and Section 4 of the POCSO
Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases and is in custody
since 04.12.2025. It is further submitted that all the three cases
were instituted from the side of the informant as petitioner is
agnate of the informant. It is next submitted that informant
alleges that her minor daughter on 10.04.2020 was raped by six
Patna High Court CR. MISC. No.15443 of 2026(2) dt.06-05-2026
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named accused persons by forcefully entering the house.
4. The learned counsel for the petitioner submits that
petitioner is not named in the FIR and his name transpired in the
confessional statement of the victim recorded under Section 164
Cr.P.C. It is further submitted that since petitioner is related to
the informant, hence it does not appear probable that informant
at the time of instituting the FIR would not have disclosed the
name of the petitioner as the petitioner participated in the
occurrence. It is also submitted that even allegation of rape does
not get corroborated by the injury report. It is further submitted
that date of occurrence is 10.04.2020 and the FIR came to be
instituted on 21.05.2020 i.e. after a delay of more than a month.
It is next submitted that Nivas Kumar @ Niwas Kumar had
approached this Court seeking regular bail by filing Cr. Misc.
No.48950 of 2021 in which order dated 25.01.2022 was passed
and the Superintendent of Police, Samastipur was directed to
file his counter-affidavit. It is further submitted that Cr. Misc.
No.48950 of 2021, thereafter was taken up on 14.02.2022, when
the Superintendent of Police, Samastipur was present in the
Court in compliance of the order dated 25.01.2022. It is
submitted that thereafter the case was taken up on 31.03.2022
and Niwas Kumar was granted the privilege of regular bail. It is
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further submitted that case of the petitioner is on a better
footing.
5. Learned A.P.P. opposes the regular bail application.
6. After hearing the learned counsel for the parties
and taking into consideration the order dated 25.01.2022,
14.02.2022 and 31.03.2022 in Cr. Misc. No.48950 of 2021, the
petitioner, above-named, is directed to be released on bail on his
furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Court below where the case is pending in
connection with Samastipur Mahila P. S. Case No. 28 of 2020.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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