Patna High Court
Pawan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner on the basis of prolonged custody and trial delay.
Summary
Pawan Kumar was arrested in May 2023 in connection with a case registered under Sections 448, 452, 376 and 323 of the Indian Penal Code, alleging that he raped a woman at gunpoint. The petitioner applied for bail, contending that the victim was in a consensual relationship with him and that the allegation was false. He also argued that the trial was delayed because several witnesses, including the informant, were not appearing before the court. The court noted the prolonged period of custody and the lack of progress in the trial as significant factors. Considering these circumstances, the court granted bail on the condition of a Rs.10,000 bond with two sureties and directed the petitioner to cooperate with the trial proceedings.
Issues considered
- Whether bail should be granted to an accused of rape and related offences given the seriousness of the charges
- Whether the delay in trial and non‑appearance of key witnesses justify the grant of bail
Legislation cited
- Indian Penal Code — s. 323, 376, 448, 452
Subjects
- bail
- rape
- trial delay
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77176 of 2025
Arising Out of PS. Case No.-46 Year-2022 Thana- MAHILA PS District- Khagaria
======================================================
Pawan kumar Son of Abodh Mandal R/o Village - Nayagaon, Godhiyari, P.S.
- Parbatta, Dist. - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Ranjan
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
S.Tr. No. 655 of 2023 arising out of Mahila P.S. Case No. 46 of
2022 registered for the offence under Sections 448, 452, 376,
323 of the Indian Penal Code.
3. As per the prosecution case, the victim was
raped by the petitioner on gun point.
4. The petitioner is in custody since 29.05.2023.
5. It has been submitted by the learned counsel for
the petitioner that the husband of the victim was staying outside
and she was in relationship with the petitioner but after seen by
somebody, this false allegation has been made against the
petitioner.
Patna High Court CR. MISC. No.77176 of 2025(3) dt.11-02-2026
2/2
6. Learned counsel for the petitioner further
submits that out of six charge-sheeted witnesses, four witnesses
including one non charge-sheeted witness have already been
examined but now the informant and one Rishi Kumar are not
appearing and the trial is being delayed.
7. Considering the period of custody of the
petitioner and the delay in the trial, this application is allowed.
8. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional District and Sessions Judge-1st,
Khagaria/concerned Court below in connection with S.Tr. No.
655 of 2023 arising out of Mahila P.S. Case No. 46 of 2022.
9. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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