Patna High Court

Satyendra Kumar @ Satendra KumarversusThe State of Bihar

Decided: 20 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court held that, given the petitioner’s clean antecedent and the informant’s statement indicating false implication, bail could be granted notwithstanding the serious nature of the offences.

Summary

The petitioner, Satyendra Kumar, was arrested in connection with offences under Section 354B of the IPC and Sections 8 and 12 of the POCSO Act, alleged to have attempted rape and indecent assault on a minor. He contended that he has a clean record, has been in custody since 7 October 2025, and that the informant’s statement recorded under Section 164 of the CrPC indicated the FIR was filed at the behest of a third party, suggesting false implication. The State opposed bail, citing the seriousness of the charges. The court examined the petitioner's antecedents, the nature of the informant’s statement, and the principle that bail may be granted when the accusation appears to be fabricated. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, pending trial in the Kotwa P.S. case.

Issues considered

Whether bail should be granted in a case involving offences under IPC Section 354B and POCSO Act Sections 8 and 12.
Whether the informant’s statement under Section 164 CrPC indicating possible false implication warrants bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 164
Indian Penal Code — s. 354B
Protection of Children from Sexual Offences Act — s. 12, 8

Subjects

bail
sexual assault
IPC 354B
POCSO Act
false implication
CrPC Section 164
trial court
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.912 of 2026
                    Arising Out of PS. Case No.-217 Year-2023 Thana- KOTWA District- East Champaran
                 ======================================================
                 Satyendra Kumar @ Satendra Kumar S/O Jitendra Das Resident Of Village-
                 Karariya Beragi Tola, P.O and P.S- Kotwa, Distt.- East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX D/O YYY R/O Village- Karaiya Beragi Tola, P.O and P.S- Kotwa,
                 Dist.- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pravin Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 354B of the Indian Penal

                   Code and section 8/12 of the POCSO Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 07.10.2025 and the informant alleges that the petitioner

                   entered her house while she was sleeping with her grandmother

                   and tried to commit rape and even touched her inappropriately

                   at inappropriate places, but the informant fled to the home of her

                   relatives.
            Patna High Court CR. MISC. No.912 of 2026(2) dt.20-04-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that the

                      petitioner has been falsely implicated in the instant case by the

                      informant. It is next submitted that the statement of the

                      informant was recorded u/s 164 of Cr.P.C. wherein she has not

                      supported the case of prosecution rather has stated that the FIR

                      was instituted at the instance of one Shyamal.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      bail of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with Kotwa

                      P.S. Case No. 217 of 2023.


                                                        (Satyavrat Verma, J)

Ranjeet/-

U      T

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