Patna High Court
Sajan Kumar @ Indradeo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 183, 480(3), 70(1)
- Code of Criminal Procedure — s. 437(3)
- Income Tax Act — s. 67-B
- Protection of Children from Sexual Offences Act — s. 4
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
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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
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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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