Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail, holding that the evidence presented was insufficient to justify continued detention.
Summary
The petitioner, Sujeet Kumar, sought bail in a rape case (Alamnagar P.S. Case No. 133 of 2025) alleging false implication due to personal enmity. The prosecution's case relied on hearsay statements from two witnesses and the victim's husband, claiming the petitioner committed rape, while the medical report showed no injuries but noted signs of intercourse. The petitioner argued the lack of physical injury indicated no forceful act and that the symptoms could be due to marital relations, also highlighting his clean criminal record and prolonged pre‑trial detention. The court examined the credibility of the hearsay evidence and the medical findings, finding insufficient grounds to deny bail. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged rape offences.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 3(5), 351(2), 351(3), 352, 64
Subjects
- bail
- rape
- hearsay evidence
- medical examination
- enforced detention
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4949 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
Sujeet Kumar Son of Domi Mandal Resident of Village - Dimhawasa, Ward
No. - 04, P.S. - Alamnagar, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha
For the Opposite Party/s : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Alamnagar P.S. Case No. 133 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 64, 352,
351(2), 351(3), 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
informant who is a married lady has been raped by the
petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that this case has been filed due to enmity
and from perusal of the case diary, it will transpire that in
Patna High Court CR. MISC. No.4949 of 2026(4) dt.01-04-2026
2/3
paragraphs 38 and 39, though, the witnesses have attempted to
support the case of the prosecution. In paragraph 38 of the case
diary, the witness has stated that he heard noise from the house
of Sunil Kumar. He asked the neighbors and he came to know
that the petitioner had committed rape while the victim had gone
to ease herself. When the husband of the victim went to search
for her, he heard the noise of the crime of his wife and saved
her. The petitioner fled away from there. In para-39 of the case
diary, another witness has stated that he came to know that such
an occurrence has taken place but he has further stated that no
other persons were involved except the petitioner. These are the
witnesses who have supported the case and also the husband of
the victim has supported the case of the prosecution, but these
two witnesses have not disclosed as to who has told them
regarding the occurrence. They are just hearsay witnesses. He
further submits that from perusal of the medical examination
report, it will transpire that the doctor conducting the medical
examination of the victim has found no injury on any part of the
body but has opined that symptoms of intercourse are present.
He further submits that the victim is a married lady and such
kinds of symptoms are bound to be found as she was living with
her husband. He further submits that had there been any forceful
Patna High Court CR. MISC. No.4949 of 2026(4) dt.01-04-2026
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intercourse, there must have been some resistance and any
injury on any part of the body, which is lacking in this case. He
further submits that due to enmity, the whole family has been
implicated in this case. Moreover, a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 31.07.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, First Class, Udakishunganj, Madhepura in
connection with Alamnagar P.S. Case No. 133 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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