Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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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