Patna High Court
Suraj Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Suraj Kumar Das, was arrested in connection with an alleged attempt to commit rape under sections 126(2), 115(2), 76, 352, 351 and 3(5) of the BNS, 2023. The FIR was lodged nine days after the alleged incident and the victim, who is a neighbour of the petitioner, refused to give a statement under Section 183 of the BNSS. The petitioner argued that the delay and the victim's refusal indicated a lack of prosecutorial merit and that there was a prior relationship between them. The State opposed bail, citing the seriousness of the offences. The Court, considering the unexplained delay, the victim’s refusal to testify, and the petitioner’s clean record, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the unexplained delay in filing the FIR and the victim's refusal to give a statement justify granting bail in a case involving alleged attempted rape.
- Whether the relationship between the petitioner and the victim is a relevant factor in the bail determination.
Legislation cited
Subjects
- bail
- attempted rape
- delay in FIR
- victim statement refusal
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69778 of 2025
Arising Out of PS. Case No.-270 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Suraj Kumar Das Son of Kishori Das Resident Of Village- Koylakund, Ward
No 12, Ps- Kalyanpur, Dist -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anu Priyadarshni, Adv.
For the Opposite Party/s : Mr. Lalan Kumar,APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Kalyanpur P.S. Case no.270 of
2025 registered under sections 126(2), 115(2), 76, 352, 351 and
3(5) of BNS, 2023.
3. Allegation in the F.I.R is that petitioner tried to
commit rape with the informant/victim.
4. Learned counsel for the petitioner submits that it is
evident from the F.I.R itself that petitioner and the
victim/informant are both neighbours and there is delay of 9
days in lodging of F.I.R, for which no explanation has been
tendered. It has further been submitted that informant/victim has
also refused to give her statement under Section 183 of BNSS,
which would be evident from the report of the police annexed
Patna High Court CR. MISC. No.69778 of 2025(5) dt.16-02-2026
2/2
with the records of the case. It has also been submitted that as a
matter of fact there was a relationship between the petitioner
and the informant/victim and on account of some subsequent
dispute between them, the present case has been lodged. The
petitioner has no criminal antecedent and he is in custody since
07.08.2025. He undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that the
informant/victim is an adult and has lodged the case after
unexplained delay of nine days coupled with the fact that she
has even refused to give her statement under Section 183 of
BNSS, the petitioner is directed to be enlarged on bail in
connection with Kalyanpur P.S. Case no.270 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court concerned where the case is
pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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