Patna High Court
Sudarshan PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Indian Penal Code — s. 34, 364A, 366, 376, 379
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
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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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