Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48617 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- Cyber P.S. District- Purnia ====================================================== Sonu Kumar S/o Naresh Pandit Resident of village- Lalganj Ward no 16, P.S.- Mohanpur, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP For the Informant :

Mr. Tarun Kumar Shekhar, Adv.

Mr. Arvind Kumar, Adv.

Mr. Nishant Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2. The petitioner seeks bail in connection with Cyber P.S. Case No. 21 of 2025 instituted for the offences under Sections 64, 69, 74, 75, 76, 77, 78, 79 of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C), 66(E), 67, 67(A) of the I.T. Act.

3. As per prosecution case, the accusation against the petitioner is of committing rape upon the victim girl after administering her intoxicating substance, making video of the same as also transmitting the obscene photos and video of the

Patna High Court CR. MISC. No.48617 of 2025(4) dt.15-10-2025 2/3 victim on social media.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to village politics. He further submits that there is delay of three months and 24 days in lodging the F.I.R. that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. Charge-sheet has been filed in this case. In the entire investigation, there is not a whisper of evidence against the petitioner to connect him with the alleged occurrence. There is no medical report of the victim girl. The petitioner has three criminal antecedents and is languishing in judicial custody since 16.04.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The victim girl in her statement recorded under Sections 183 of the B.N.S.S. has fully supported the prosecution case. Charge-sheet has been submitted and the charge has also been framed. The petitioner has three criminal antecedents and, hence, he does not deserve bail.

Patna High Court CR. MISC. No.48617 of 2025(4) dt.15-10-2025 3/3

6. Having heard learned counsel for the parties and taking into account the nature and gravity of the offence as also considering the materials available in the case diary, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T