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Patna High Court

Sikandar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.15443 of 2026(2) dt.06-05-2026
                                                           3/3




                         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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