Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sudhir Kumar, applied for bail in a case (PS‑Raushanganj Case No. 100 of 2025) alleging rape of a minor under Section 64 of the Bharatiya Nyaya Sanhita, 2023. The prosecution contends that the petitioner abducted the informant’s minor daughter and committed rape while she was unattended. The petitioner claimed innocence, argued that the allegations were vague, and noted the absence of a medical report, though he has one prior criminal antecedent. The State opposed bail, citing a specific allegation and the victim’s statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the seriousness of the offence, the nature of the accusation and the lack of mitigating factors, the Court refused bail and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to an accused of rape under Section 64 of the Bharatiya Nyaya Sanhita, 2023 in view of the seriousness of the offence and the evidentiary material.
- Whether the absence of a medical report and the claim of vague allegations justify bail.
Legislation cited
Subjects
- bail
- rape
- Section 64
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91797 of 2025
Arising Out of PS. Case No.-100 Year-2025 Thana- ROSHANGANJ District- Gaya
======================================================
Sudhir Kumar S/o Mithilesh Paswan @ Mithalesh Paswan R/o Vill-
Meghnadih, PS- Raushanganj, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Raushanganj P.S. Case No. 100 of 2025, instituted for the
offences punishable under Section 64 of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that while minor
daughter of the informant went to attend the nature’s call, in the
meantime, the petitioner took her in bush and committed rape
upon her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.91797 of 2025(3) dt.23-02-2026
2/2
Learned counsel for the petitioner also submitted that the
allegation levelled against the petitioner is general and omnibus
in nature. It is further submitted that medical report is not
available of the victim girl. The petitioner is in custody since
03.07.2025 and has got one criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submitted that
there is specific allegation levelled against the petitioner. It is
further submitted that the victim has supported the prosecution
case in her statement recorded under Section 183 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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