Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to strict conditions, considering his clean antecedent and the procedural deficiencies in the prosecution's case.
Summary
Pankaj Kumar was arrested on 27-08-2025 in connection with a case alleging rape, assault, and robbery under IPC sections 376, 323, 354, 354B and 384. The prosecution alleged that he entered the complainant's house and committed the offences, while the petitioner claimed a clean antecedent and that the FIR was lodged 27 days after the alleged incident without explanation, and the victim refused a medical examination. The learned Additional Public Prosecutor opposed bail, but the court noted the delay, lack of medical evidence, and the petitioner's clean record. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the accused in a case involving serious offences of rape and assault.
- Whether the delay in filing the FIR and the victim's refusal to undergo medical examination affect the bail decision.
- Whether the accused's clean antecedent warrants bail despite the gravity of the charges.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 323, 354, 354B, 376, 384
Subjects
- bail
- rape
- IPC
- CrPC
- delay in FIR
- medical examination
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78001 of 2025
Arising Out of PS. Case No.-106 Year-2024 Thana- MINAPUR District- Muzaffarpur
======================================================
Pankaj Kumar Son of Dhanraj Sahni Resident of Village- Panapur Chakki,
P.S.- Minapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Alok Kumar Alok, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.08.2025 in connection with Minapur P.S. Case No. 106 of
2024, F.I.R. dated 18.03.2024 for the offences punishable under
Sections 376, 323, 354, 354B and 384 of the IPC.
3. According to prosecution case, this petitioner
entered into the house of the informant who was sleeping with
her son and committed rape upon her.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
complaint petition/F.I.R is false and fabricated and the petitioner
Patna High Court CR. MISC. No.78001 of 2025(2) dt.15-01-2026
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has not committed any offence as alleged in the complaint
petition/F.I.R. From perusal of the complaint petition/F.I.R it
appears that the date of occurrence is 18.12.2023 but the present
complaint petition/F.I.R has been instituted on 15.01.2024 i.e.,
after delay of about 27 days without giving any explanation of
the said delay. Although the victim has supported the case of
prosecution in her statement recorded under Section 164 of the
Cr.P.C./183 of the B.N.S.S but she has refused for her medical
examination. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 27.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, the complaint
petition/F.I.R has been lodged after delay of 27 days and the
victim has refused for her medical examination, 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 J.M. 1 st Class
(East), Muzaffarpur in connection with Minapur P.S. Case No.
106 of 2024, subject to the following conditions:-
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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