Patna High CourtCR. MISC./15443/2026bail granted

Sikandar Kumar v. The State Of Bihar

2026-05-06Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15443 of 2026 Arising Out of PS. Case No.-28 Year-2020 Thana- MAHILA P.S. District- Samastipur ====================================================== Sikandar Kumar Son of Sahindra Sah Resident of village -Simri PSVidyapati Nagar District -Samastipur ... ... Petitioner/s

Versus

The State of Bihar 2.

X wife of Y Resident of village -Simri PS- Vidyapati Nagar District -Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 323, 34, 341, 376-D-A, 504 and 506 of the Indian Penal Code and Section 4 of the POCSO Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and is in custody since 04.12.2025. It is further submitted that all the three cases were instituted from the side of the informant as petitioner is agnate of the informant. It is next submitted that informant alleges that her minor daughter on 10.04.2020 was raped by six

Patna High Court CR. MISC. No.15443 of 2026(2) dt.06-05-2026 2/3 named accused persons by forcefully entering the house.

4. The learned counsel for the petitioner submits that petitioner is not named in the FIR and his name transpired in the confessional statement of the victim recorded under Section 164 Cr.P.C. It is further submitted that since petitioner is related to the informant, hence it does not appear probable that informant at the time of instituting the FIR would not have disclosed the name of the petitioner as the petitioner participated in the occurrence. It is also submitted that even allegation of rape does not get corroborated by the injury report. It is further submitted that date of occurrence is 10.04.2020 and the FIR came to be instituted on 21.05.2020 i.e. after a delay of more than a month. It is next submitted that Nivas Kumar @ Niwas Kumar had approached this Court seeking regular bail by filing Cr. Misc. No.

48950 of 2021 in which order dated 25.01.2022 was passed and the Superintendent of Police, Samastipur was directed to file his counter-affidavit. It is further submitted that Cr. Misc. No.48950 of 2021, thereafter was taken up on 14.02.2022, when the Superintendent of Police, Samastipur was present in the Court in compliance of the order dated 25.01.2022. It is submitted that thereafter the case was taken up on 31.03.2022 and Niwas Kumar was granted the privilege of regular bail.

Patna High Court CR. MISC. No.15443 of 2026(2) dt.06-05-2026 3/3 further submitted that case of the petitioner is on a better footing.

5. Learned A.P.P. opposes the regular bail application.

6. After hearing the learned counsel for the parties and taking into consideration the order dated 25.01.2022, 14.02.2022 and 31.03.2022 in Cr. Misc. No.48950 of 2021, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Samastipur Mahila P. S. Case No. 28 of 2020.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T