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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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:-
            Patna High Court CR. MISC. No.78001 of 2025(2) dt.15-01-2026
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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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