Patna High Court
Sandeep Kumar @ Sandeep Mahato @ Sandip KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to bail pending trial, and the bail application is allowed.
Summary
The petitioner, Sandeep Kumar, filed a bail application fearing arrest in Mahila Police Station Case No. 49 of 2025, which alleged offences under several sections of the Bihar Penal Code. The prosecution alleged that the petitioner had a physical relationship with the informant under the pretext of marriage, constituting offences such as criminal intimidation and assault. The petitioner contended that the relationship was consensual and that he had been falsely implicated. The learned counsel for the petitioner argued that there was no prima facie case warranting pre‑trial detention. The High Court, after considering the facts, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties. The bail was conditioned on compliance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail pending trial for the alleged offences under the Bihar Penal Code.
- Whether the allegations constitute a case where pre‑trial detention is justified.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- pre‑trial detention
- Criminal Procedure Code
- Section 438
- Section 482
- consensual relationship
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88606 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- MAHILA PS District- East Champaran
======================================================
Sandeep Kumar @ Sandeep Mahato @ Sandip Kumar S/o Chandeshwar
Mahto R/o Village- Maidan Sirisiya, P.S- Kalyanpur, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prateek Tandon
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahila P.S. Case No. 49 of 2025 registered for
the offence under Sections 127(1), 115(2), 69, 76, 79, 351(2),
352, 303(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner is
said to have established physical relationship with the informant
on the pretext of marriage.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case and the petitioner and the victim
were in consensual relationship.
Patna High Court CR. MISC. No.88606 of 2025(2) dt.15-01-2026
2/2
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 District and
Additional Sessions Judge, Exclusive Special Judge, Rape and
POCSO Cases, East Champaran, Motihari/concerned Court
below in connection with Mahila P.S. Case No. 49 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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