Patna High Court
Ravindra Kumar @ Ravindra Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Ravindra Kumar, was arrested on 4 January 2025 in connection with a Mahila Police Station case involving alleged rape, cheating and criminal conspiracy under IPC sections 376, 420 and 120(B). The FIR, lodged on 25 November 2024, records an alleged incident on 21 December 2023 and was filed after a 36‑day delay without explanation. The petitioner, who claims a clean antecedent, had earlier sought bail in two separate applications which were rejected. The trial court report indicated that none of the eight witnesses had been examined, suggesting a delayed trial. Considering the prolonged custody, lack of progress in the trial, and the petitioner’s clean record, the High Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions for cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in a case involving offences of rape, cheating and criminal conspiracy given the seriousness of the charges and the delay in trial.
- Whether the 36‑day delay in filing the FIR and the lack of witness examination affect the bail decision.
Legislation cited
- Indian Penal Code — s. 120(B), 376, 420
Subjects
- bail
- rape
- IPC 376
- IPC 420
- criminal conspiracy
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21399 of 2026
Arising Out of PS. Case No.-1 Year-2024 Thana- MAHILA PS District- East Champaran
======================================================
Ravindra Kumar @ Ravindra Kumar Sahani Son of Bhuta Sahani @ Bhuto
Sahani Resident of Village- Sapahi, P.S.- Turkauliya, District- East
Champaran, at present R/o Village- Paithaniya, P.S.- Chakiya, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Adv.
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-05-2026 Heard Mr. Dhurendra Kumar, learned counsel for
the petitioner and Mr. Kalyan Shankar, learned APP for the
State.
2. The petitioner seeks bail, who is in custody since
04.01.2025 in connection with Mahila P.S. Case No. 01 of 2024,
F.I.R. dated 25.01.2024 registered for the offence under Sections
376, 420, 120(B) of the IPC.
3. The prosecution story, in brief, is that as per the
FIR, the informant was in relationship with the petitioner for
about one year and they were in regular contact. It is alleged
that on 21.12.2023, the petitioner came to the house of Jitan
Sahani and asked the informant to establish a physical
relationship, but she refused to do so before marriage.
Patna High Court CR. MISC. No.21399 of 2026(3) dt.01-05-2026
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Thereafter, the petitioner allegedly refused to marry her.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent. As per allegation in the FIR, the
petitioner has committed rape upon the victim on the false
pretext of marriage and the victim has supported the case of the
prosecution. It appears from the FIR that the date of occurrence
as alleged in the FIR is 21.12.2023 but the present FIR has been
instituted on 25.11.2024 after delay of 36 days without giving
any explanation of delay. It is further submitted that petitioner
has earlier moved before this Court in Cr. Misc. No. 39520 of
2025 and the same was rejected vide order dated 08.08.2025.
Thereafter, the petitioner has again moved before this Hon’ble
Court in Cr. Misc. No. 83180 of 2025 but the same was
dismissed vide order dated 22.12.2025.
5. Vide order dated 10.04.2026, a report was called
with regard to the stage of the trial. Report dated 20.04.2026 of
learned trial court reveals that in the present case total eight
witness is there and none of the witnesses have examined by the
prosecution till date. Learned counsel for the petitioner submits
that in view of the report of the Trial Court, there is no chance
of early trial in near future. Petitioner has got clean antecedent
and he is in judicial custody since 04.01.2025.
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6. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner..
7. Considering the aforesaid facts, as well as the
period of custody, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge-cum-Exclusive
Special Judge (Rape and POCSO), East Champaran, Motihari in
connection with Mahila P.S. Case No. 01 of 2024, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Abhishek/-
U
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