Patna High Court
Pankaj KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Pankaj Kumar, applied for regular bail in a case registered under sections 103(1), 64 and 238 of the B.N.S., 2023 concerning an alleged rape and death of a relative. His earlier bail application was withdrawn. The petitioner has been in custody since 2 July 2025. Counsel highlighted that the alleged incident occurred on 4 September 2024, but the complaint was filed on 16 December 2024 and the FIR was lodged only on 3 May 2025, indicating a delay. The court noted the informant’s wife’s statement that the death was due to illness and the lack of a post‑mortem. Considering these facts, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial.
Issues considered
- Whether regular bail should be granted to the petitioner in a case under sections 103(1), 64 and 238 of the B.N.S., 2023 given the delay in filing the FIR and the circumstances of the death.
Legislation cited
- B.N.S., 2023 — s. 103(1), 238, 64
Subjects
- bail
- criminal procedure
- B.N.S. 2023
- section 103(1)
- section 64
- section 238
- delay in FIR
- post‑mortem
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78636 of 2025
Arising Out of PS. Case No.-317 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Pankaj Kumar S/O Chandramauli Singh R/O Village and Post- Fatehpur,
Police Station- Fatehpur, District- Gaya.
... ... Petitioner
Versus
1. The State Of Bihar
2. Minta Devi W/O Kumar Kunjan R/O Village and Post- Fatehpur, Police
Station- Fatehpur, District- Gaya
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Manoj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Fatehpur
P.S. Case No.317 of 2025 registered for the offence punishable
under sections 103(1), 64 and 238 of the B.N.S., 2023.
3. Earlier, the bail of the petitioner was
dismissed as withdrawn vide order dated 17.09.2025 passed in
Criminal Miscellaneous No.63525 of 2025.
4. The petitioner is the cousin brother of the
deceased, who is alleged to have committed rape with the
deceased-victim.
5. The petitioner is in custody since
02.07.2025.
Patna High Court CR. MISC. No.78636 of 2025(3) dt.11-02-2026
2/2
6. It has been submitted by learned counsel for
the petitioner that the date of occurrence is allegedly 04.09.2024
but the complaint was filed on 16.12.2024 and the F.I.R. was
registered under section 156 of the Cr.P.C. on 03.05.2025.
7. It has further been submitted that initially the
Choukidar had informed the police about the death but the wife
of the informant had written to the police that the deceased died
because of illness and the she did not want to proceed any
further and get the postmortem of the deceased done.
8. Considering the aforesaid facts, this bail
application is allowed.
9. 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 Sessions Judge, Gaya / concerned Court below, in
connection with Fatehpur P.S. Case No.317 of 2025, subject to
the conditions that he will cooperate in the trial and will appear
personally or through his advocate on the date fixed in the trial.
(Sandeep Kumar, J)
pawan/-
U T
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