Patna High Court
Narendra SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail as the prosecution failed to establish a prima facie case and the petitioner has no prior criminal record.
Summary
Narendra Singh was arrested in connection with a case registered under Sections 70(1) and 3(5) of the B.N.S. for allegedly taking a 35‑year‑old informant to his house, keeping her for two days and committing "galat kam" along with three other persons. The prosecution’s case relied mainly on the informant’s statement, while the FIR did not name the three accomplices. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that the medical examination report made it difficult to prove recent sexual intercourse. The State opposed bail, arguing the seriousness of the alleged offences. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Sections 70(1) and 3(5) of the B.N.S.
- Whether the evidence on record, including the FIR and medical report, is sufficient to deny bail
Legislation cited
- B.N.S. — s. 3(5), 70(1)
Subjects
- bail
- sexual assault
- false implication
- medical examination report
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87112 of 2025
Arising Out of PS. Case No.-374 Year-2024 Thana- NOKHA District- Rohtas
======================================================
Narendra Singh, S/O Late Vindhyachal Singh, Resident of Village- Baraon,
P.S- Nokha, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smt Flamati Devi, W/O Guddu Tanti, R/O Village- Baraon, P.S- Nokha,
Distt.- Rohtas at Sasaram.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Akash Kumar Mishra, Advocate
Mr. Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Nokha P.S. Case No.374 of 2024 registered for the offence
punishable under Sections 70(1) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
informant is aged about 35 years. The petitioner took her to his
home, kept her for two days and performed ‘galat kam’ with her.
He also brought three persons. They also performed ‘galat kam’
with her and on 05.10.2024 ousted the informant from his house
but the informant was not ready to go her house.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.87112 of 2025(4) dt.03-02-2026
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offence. He has been falsely implicated in this case. From perusal
of the F.I.R. itself it is clear that the informant has named only the
petitioner and the name of those three persons who are alleged to
have committed ‘galat kam’ with her is not disclosed by the
informant in the F.I.R. It has further been submitted that from
perusal of the medical examination report it will transpire that the
doctor conducting medical examination has opined that it is very
difficult to say that recent sexual intercourse has to be done or not.
It has also been submitted that the allegations are false and without
any basis. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 17.07.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
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 A.C.J.M.,
Sasaram in connection with Nokha P.S. Case No. 374 of 2024.
(Ashok Kumar Pandey, J)
lata/-
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