Patna High Court
Ambika Kumar @ Akhilesh Kumar Singh @ Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing release on a bond with conditions under Section 480(3) of the BNS.
Summary
The petitioner, Ambika Kumar, was arrested in connection with a SC/ST police case alleging gang rape and caste-based abuse, with charges under multiple sections of the BNS, the POCSO Act and the SC/ST Act. The petitioner argued that the alleged victim was an adult, the FIR was lodged 20 days after the incident, and the alleged relationship and promise of marriage negated the rape allegation, citing the Supreme Court’s decision in Pramod Suryabhan Pawar v. State of Maharashtra. The prosecution contended that a gang rape had been reported and that the petitioner was one of seven accused. The court noted the delay in filing the FIR, the lack of medical evidence of injury, and the completion of the investigation with a charge‑sheet already filed. Considering these factors, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the BNS.
Issues considered
- Whether the delay of 20 days in lodging the FIR warrants bail.
- Whether the alleged consensual relationship and promise of marriage preclude the offence of rape under the POCSO and SC/ST Acts.
- Whether the absence of medical evidence of injury undermines the charge of gang rape.
- Whether the completion of investigation and filing of charge‑sheet affect the bail decision.
Legislation cited
Subjects
- bail
- rape
- SC/ST Act
- POCSO Act
- delay in FIR
- consent
- gang rape
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90280 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- SC/ST District- Buxar
======================================================
Ambika Kumar @ Akhilesh Kumar Singh @ Akhilesh Kumar S/o Lal
Bahadur Singh R/o Village- Chakrhansi Pandepatti, P.S- Buxar (Mufassil),
Dist- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX D/o Munna Ram R/o Village- Chakrhansi, P.S- Buxar (Mufassil), Dist-
Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
SC/ST P.S. Case No. 08 of 2025 registered for the offence
under Sections 126(2), 115(2), 70(1), 353, 351(2) and 3(5)
of the BNS, sections 4, 6 of the POCSO Act and 3(i),(r),(s),
(wi)/3(2)(va) of the SC/ST Act.
3. The petitioner is named in the F.I.R. and is in
custody since 15.09.2025.
4. As per FIR, the informant alleged that petitioner
who was in taking terms with her for the last two years called
her and thereafter co-accused persons including this
petitioner committed rape upon her. She was also abused in
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the name of her caste.
5. Learned counsel appearing on behalf of the
petitioner submitted that the informant being major was in
relations with this petitioner for long two years and when for
any of the social reason the marriage of the petitioner was not
approved by his parents, the present false implication of rape
was raised against petitioner/ his family members. It is
submitted that as per medical board finding which is available
in para no. 79 and 201 of the case diary, it can be gathered
safely that the age of victim was somewhere between 18-19
years at the time of occurrence. It is submitted that FIR was
lodged with delay of 20 days, without any just explanation.
6. Arguing further, it is submitted that victim was
examined within 48 hours of the occurrence i.e., on
21.02.2025, for the occurrence dated 19.02.2025, where she
specifically alleged that she was gang raped by 7 accused
persons including this petitioner but none finding of any bodily
injuries including any injury in or around private part makes
the allegation doubtful. It is also submitted that the allegation
qua abuse in caste name also appears very general and
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omnibus in nature just to aggravate the allegation.
7. Arguing further it is submitted by learned counsel
for the petitioner that corporeal relationship in background of
promise of marriage cannot be termed as rape and in support
of submission the reliance was made on legal report of
Hon’ble Supreme Court as available through Pramod
Suryabhan Pawar vs. State of Maharastra and Anr.
reported in (2019) 9 SCC 608.
8. Explaining criminal antecedent, learned counsel
submitted that petitioner found involved in one more criminal
case where upon trial he was acquitted and as such petitioner
can be said man of clean antecedent for the present and
moreover, investigation of this case is completed, for which
charge-sheet has been submitted, as such, there is no chance
of tampering with the evidence.
9. Learned APP while opposing the prayer of bail
submitted that the allegation of gang rape is available against
this petitioner.
10. In view of aforesaid factual submission and by
taking note of fact as the FIR, in issue, was lodged after 20
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days of the occurrence, where admittedly the victim/
informant was in relationship for last two years prior to the
occurrence, coupled with fact as investigation of this case
already completed where petitioner remains in custody since
15.09.2025, accordingly petitioner above named, is directed
to be released on bail in connection with SC/ST P.S. Case No.
08 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
the satisfaction of learned Spl. Judge, POCSO, Buxar
/concerned court, subject to the conditions as mentioned
under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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