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Patna High Court

Sudarshan PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the ground of inordinate delay in FIR filing and the primary allegation being against a co‑accused.

Summary

The petitioner, Sudarshan Patel, was charged under IPC sections 364(A), 366, 376, 379 and 34 for allegedly abducting a married woman and demanding ransom. The FIR was lodged two months after the victim’s recovery, and the complaint was filed belatedly on 24‑08‑2011. Patel voluntarily surrendered on 05‑05‑2025 and has no prior criminal record. The prosecution argued against bail, while the defence highlighted the inordinate delay in filing the FIR and that the primary allegation of rape rests on co‑accused Ravi Patel. The court noted the delay, the thrust of the accusation on another accused, and the petitioner’s clean record, and consequently ordered bail on a bond of Rs.10,000 with two sureties, subject to cooperation in trial. The bail order was conditioned on the petitioner appearing for all subsequent proceedings.

Issues considered

  • Whether bail should be granted to an accused charged with kidnapping, rape, theft and common intention despite the seriousness of the offences
  • Whether the delay in lodging the FIR and the fact that the main allegation of rape is against a co‑accused justify granting bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • delay in FIR
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.70150 of 2025
                 Arising Out of PS. Case No.-11 Year-2012 Thana- RAMGARHWA District- East Champaran
                 ======================================================
                 Sudarshan Patel S/O Late Oshiyar Patel @ Osiyar Patel R/O Ward No 5, Vill.-
                 Bholapur Kharhat, P.S.- Bhairoganj, Dist.- Paschim Champaran, Bihar-
                 845106
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prasoon Shekhar
                                                 Mr. Avinash Kumar Singh
                                                 Mr. Sumit Kumar
                                                 Mr. Hari Om
                 For the State            :      Mrs. Anita Kumari
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   10-02-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 364(A), 366, 376, 379 and 34

                   of the Indian Penal Code.

                                  3. As per FIR, the petitioner is said to have abducted

                   the informant.

                                  4. Learned counsel for the petitioner submits that the

                   present case arises out of complaint case which was

                   subsequently sent for institution of an FIR lodged two months

                   after the recovery of the victim for which no explanation has

                   been tendered. It has been further submitted that the victim, who

                   is a married woman, was abducted on 18.06.2011 and a ransom
Patna High Court CR. MISC. No.70150 of 2025(3) dt.10-02-2026
                                            2/3




          demand was also made, however, the family did not lodge any

          complaint or FIR and even after her recovery on 29.06.2011, no

          FIR was lodged and the complaint case was lodged belatedly on

          24.08.2011 i.e. after two months. It is further submitted that the

          petitioner voluntarily surrendered before the Court on

          05.05.2025 upon having knowledge of the present case and the

          similarly situated co-accused Jitendra Patel has already been

          granted bail by a coordinate Bench of this Court vide order

          dated 10.09.2025 passed in Cr. Misc. No. 60257 of 2025

          (Annexure-2) considering the fact that the thrust of the

          allegation of committing rape is upon Ravi Patel.

                       5. Learned APP for the State has opposed the

          application for bail.

                           6. Taking into consideration the facts and

          circumstances and also considering that fact that the thrust of

          allegation is upon co-accused Ravi Patel coupled with the fact

          that there is inordinate delay in lodging of the FIR, let the above

          named petitioner, who has no criminal antecedent, be enlarged

          on bail 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 below where the case is

          pending/successor court in connection with Ramgarhwa P.S.
             Patna High Court CR. MISC. No.70150 of 2025(3) dt.10-02-2026
                                                         3/3




                       Case No. 11 of 2012, subject to the conditions that:

                                        (I) The petitioner shall cooperate in the trial by

                       appearing on each and every date till charges are framed.


                                                 (Soni Shrivastava, J)
devendra/-

U      T


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