Patna High Court
Sahil SumanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner, subject to strict conditions.
Summary
The petitioner, Sahil Suman, was arrested in connection with a rape case (PS Hajipur Town Case No.724 of 2025) under Sections 64, 126(2), 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that the allegations were false, that the complainant was a married adult with whom he had a consensual relationship since 2019, and that the complaint was later withdrawn. The State opposed bail, citing the seriousness of the offences. The Court examined the facts, the petitioner’s lack of prior criminal record, and the arguments relying on Supreme Court precedents concerning bail in sexual offence cases. Considering the circumstances and the period of custody, the Court decided to grant bail with a cash bond of Rs.15,000 and two sureties, subject to conditions of personal surety, regular appearance, and non‑interference with evidence or witnesses.
Issues considered
- Whether bail can be granted to an accused in a rape case under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s claim of false implication and lack of criminal antecedent justify bail.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 64
Subjects
- bail
- rape
- Bharatiya Nyaya Sanhita
- criminal procedure
- false implication
- consensual relationship
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78093 of 2025
Arising Out of PS. Case No.-724 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Sahil Suman Son of Sureshwar Singh @ Sureshwar Prasad Singh Resident of
Village - Sikandarpur Mushari, Pankaj Market Road, Police Station Town
Muzaffarpur, Dist. - Muzaffarpur(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kajal Kumari W/o Prashant Sharma, D/o Dayanand Prasad Resident of
Hatsarganj Jagdamba Asthan, Police Station- Nagar (Hatsarganj OP),
Hajipur, Distt.- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Ravish, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, A.P.P.
Mr. Aditya Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State. Perused
the case diary.
2. The petitioner seeks bail in connection with Hajipur
Town P.S. Case No. 724 of 2025, instituted for the offences
under Sections 64, 126(2), 115(2), 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the petitioner
committed rape upon the informant after giving allurement of
marriage.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.78093 of 2025(4) dt.11-02-2026
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petitioner has falsely been implicated in the present case. He
further submitted that informant is a major and married lady. He
further submitted that there are consensual sexual activity
between the petitioner and victim from the year 2019. He
further submitted that informant has filed complaint against the
petitioner, however, she opted to withdraw the same on
21.11.2022. The incident of blackmail by showing photographs
is stated to have started in December, 2019, but no FIR or
complain has been provided. Charge-sheet has been submitted
in this case. The petitioner is alleged to have established
physical relationship on the assurance of marriage.
Subsequently, for one reason or the other, the marriage could not
be solemnized and for the said reason, the present case has been
instituted. Learned counsel for the petitioner has further placed
reliance on cases of the Hon’ble Supreme Court since reported
in 2018 SCC OnLine SC-3100 (Dr. Dhruvaram Murlidhar
Sonar Vs. The State of Maharastra & Ors) and (2019) 9 SCC
608 (Pramod Suryabhan Pawar Vs. The State of Maharashtra
and Ors.). It has been submitted on behalf of the petitioner that
the petitioner is in custody since 07.08.2025 and has no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.78093 of 2025(4) dt.11-02-2026
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of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Hajipur Town P.S.
Case No. 724 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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