Patna High Court
Saroj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court denied bail to the petitioner, finding that he does not merit the privilege of bail.
Summary
The petitioner, Saroj Kumar, applied for regular bail in a case involving alleged rape under Section 376(D) IPC and criminal conspiracy under Section 120B IPC. The victim alleged that the petitioner intercepted her, stole her mobile, and raped her near the Chhitnawan river. The petitioner claimed innocence and argued that co‑accused had been granted bail, but the victim had positively identified him in her statement under Section 164 of the CrPC. The court noted that the petitioner was the main accused and was specifically named, unlike the other co‑accused. Considering the seriousness of the offences and the identification, the court rejected the bail application.
Issues considered
- Whether regular bail should be granted to the main accused in a rape and criminal conspiracy case where the victim has identified him under Section 164 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 120B, 376(D)
Subjects
- bail
- rape
- criminal conspiracy
- identification
- IPC
- CrPC
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44854 of 2025
Arising Out of PS. Case No.-728 Year-2023 Thana- MANER District- Patna
======================================================
Saroj Kumar S/o Subhash Rai R/o Village- Daudpur Bagicha, Ward No. 2,
P.S.- Sahpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan
For the State : Mr.Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
8 06-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 376(D)
and 120B of the Indian Penal Code, registered in connection
with Maner P.S.Case No. 728 of 2023.
3. According to allegation, while the informant was
returning from market, the petitioner intercepted her on her way,
and snatched her mobile set. He brought her to Chhitnawan
river and committed rape upon her.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
Other co accused persons have been granted bail by this Court.
5. So far as other co-accused persons are concerned,
Patna High Court CR. MISC. No.44854 of 2025(8) dt.06-02-2026
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co-accused, Satendra Kumar was not named by the victim in her
statement under Section 164 of the CrPC., whereas the victim
did not identify co-accused Sonu Kumar during her deposition
in court. The petitioner is the main accused and the victim has
named the petitioner in her statement under Section 164 of the
CrPC.
6. Taking into account the entire aspect of the matter
as well as the allegation levelled against the petitioner, he does
not deserve the privilege of bail, which is hereby rejected.
(Nawneet Kumar Pandey, J)
HR/-
U T
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