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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Sonu Kumar, sought bail in a case registered under Section 64(1) of the B.N.S., alleging he was falsely implicated in a rape and theft allegation. The prosecution alleged that the petitioner entered the informant's house, raped the informant, assaulted her son, and stole a mobile phone and gold ornaments. The petitioner contended that the medical report showed no evidence of sexual assault and that the alleged victim was about 50 years old, with no injuries to private parts. The informant’s counsel highlighted a victim statement under Section 183 of the B.N.S.S. and a medical report indicating bruises and abrasions. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 64(1) of the B.N.S.
  • Whether the medical evidence and victim statements justify denial of bail

Legislation cited

Subjects

  • bail
  • rape
  • sexual assault
  • medical evidence
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79978 of 2025
                         Arising Out of PS. Case No.-142 Year-2025 Thana- PIRO District- Bhojpur
                 ======================================================
                 Sonu Kumar, S/o- Ammelal Singh, Resident of Village- Jagdishpur Pathak,
                 P.S.- Piro, District- Bhojpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   23-02-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Piro P.S. Case No. 142 of 2025 registered for the offence

                   punishable under Section 64(1) of B.N.S..

                                3. The case of the prosecution, in short, is that the

                   petitioner who is aged about 22 years entered in the house of the

                   informant and committed rape with the informant who is aged

                   about 42 years. When the informant attempted to rescue her, she

                   came down from the bed. The son of the informant arrived

                   there. It is further alleged that the petitioner pushed the son of

                   the informant and jumped from the chhaja and went out. It is

                   further alleged that he has also taken the mobile and golden tops

                   of the informant.
Patna High Court CR. MISC. No.79978 of 2025(4) dt.23-02-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. From perusal of the medical examination report it will

          transpire that the doctors conducting medical examination have

          opined that there is no evidence of sexual assault with victim

          and her probable age is 50 yeas. There is no injury on private

          parts. It has further been submitted that from the statement of

          son of victim, it is clear that he has heard that Sonu Kumar

          (petitioner) has committed rape with the informant whereas in

          the F.I.R., it is stated that the son of the informant was being

          pushed by the petitioner. The son of the informant has given his

          statement in para ‘7’ of the case diary and has stated that the

          petitioner has fled away from the house pushing him and the

          mother was crying and she disclosed that the petitioner has

          committed rape with her and has also taken away her mobile

          and golden tops. It has also been submitted that nothing has

          been recovered from the possession of this petitioner. He is

          having no criminal antecedent and he is languishing in judicial

          custody since 10.05.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the
             Patna High Court CR. MISC. No.79978 of 2025(4) dt.23-02-2026
                                                         3/3




                       application for bail. Leaned counsel for the informant has stated

                       that from perusal of the statement of the victim under Section

                       183 of the B.N.S.S. it will transpire that she has supported the

                       case of the prosecution and from medical examination report, it

                       is clear that the doctors conducting medical examination of the

                       victim have found bruise on neck region and abrasion on right

                       hand between thumb and index finger.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Bhojpur at Ara in connection with Piro P.S. Case No. 142 of

                       2025.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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