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Patna High Court

Sajan Kumar @ Indradeo KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing his release on bond subject to statutory conditions.

Summary

The petitioner, Sajan Kumar, was arrested in connection with a rape case where a video of the alleged offence was recorded by co‑accused Binod Kumar and the petitioner. The victim, a 17‑year‑old, gave a statement under Section 183 of the Bhartiya Nyaya Sanhita (BNSS) that, according to the petitioner, negated any kidnapping or sexual assault. The petitioner argued that no prosecution witness had been examined, he had been in custody for seven months, and the investigation was complete with a charge‑sheet filed. The State opposed bail. The court noted that the victim’s statement prima facie undermined the serious allegations and, given the completed investigation, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 437(3) and BNSS Section 480(3).

Issues considered

  • Whether the petitioner is entitled to bail despite charges under BNSS, the Income Tax Act and POCSO.
  • Whether the victim's statement under Section 183 BNSS negates the allegations of kidnapping and sexual assault sufficient to deny bail.
  • Whether the completion of investigation and filing of charge‑sheet precludes the risk of evidence tampering.

Legislation cited

Subjects

  • bail
  • rape
  • video evidence
  • victim statement
  • BNSS
  • POCSO
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72307 of 2025
                       Arising Out of PS. Case No.-75 Year-2025 Thana- SINDHUGAR District- Gaya
                 ======================================================
                 Sajan Kumar @ Indradeo Kumar, S/o Late Somar Yadav, R/o villagr - Dhelwa
                 Taand, P.S.- Sindhugarh, Distt.- Gaya
                                                                         ... ... Petitioner
                                                     Versus

           1.    The State of Bihar
           2.    Anshu Kumar D/o Surendra Yadav R/o village - Sindhugarh, Ward No. 07,
                 P.S.- Sindhugarh, Distt.- Gayaji

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheikh Arkan Ahmad, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   05-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Sindhugarh P.S. Case No.75 of 2025 registered for the

                   offences punishable under Sections 70(1) of the Bhartiya

                   Nyaya Sanhita, 2023 (for short ‘B.N.S.’), Section 67-B of the

                   I.T. Act as well as Section 4 of the Protection of Children from

                   Sexual Offences Act.

                                3. The accused/petitioner is named in the FIR and is

                   in custody since 05.07.2025.

                                4. As per FIR, co-accused Sajan Kumar committed
Patna High Court CR. MISC. No.72307 of 2025(3) dt.05-02-2026
                                            2/3




          rape upon the informant/victim aged about 17 years, whch

          was video-graphed by one co-accused namely, Binod Kumar

          and this petitioner. It is alleged that Binod Kumar also

          demanded sex from informant as not to make viral the video

          of the occurrence captured by them.

                       5. It is submitted by learned counsel appearing on

          behalf of the petitioner that the allegation of kidnapping or

          sexual assault is not available as per statement of victim

          recorded under Section 183 of the BNSS. It is submitted that

          out of consent, the petitioner came to the house of the

          informant       and,      thereafter,       physical   relationship   was

          established. It is submitted that as the video was made viral

          by co-accused person, the present case was lodged.

                       6. Arguing further, it is submitted that still not even

          a single prosecution witness was examined in this case,

          whereas petitioner remains in custody since last seven

          months. While concluding argument, it is submitted that

          investigation of this case is already completed, for which,

          charge-sheet has been submitted and, as such, there is no

          chance of tampering with the evidence and moreover
          Patna High Court CR. MISC. No.72307 of 2025(3) dt.05-02-2026
                                                      3/3




                    petitioner is a man of clean antecedent.

                                 6. Learned APP opposed the prayer for grant of bail

                    to the petitioner.

                                 7. In view of aforesaid factual submissions and by

                    taking note of fact as the statement of victim recorded under

                    Section 183 of the BNSS prima facie negates the allegation of

                    kidnapping and sexual assault, coupled with the fact that

                    investigation of this case is already completed, where

                    petitioner remains in custody since 05.07.2025, accordingly,

                    the petitioner, above-named, is directed to be released on bail

                    furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Exclusive Special Judge POCSO-cum-A.D.J.-VII,

                    Gaya Ji in connection with Sindhugarh P.S. Case No.75 of

                    2025, subject to the conditions as laid down under Section

                    437(3) of the Code of Criminal Procedure (for short

                    ‘CrPC’)/under Section 480(3) of the BNSS.


                                                            (Chandra Shekhar Jha, J.)
    Sanjeet/-
U     T


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