Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53733 of 2025 Arising Out of PS. Case No.-350 Year-2025 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Satyendra Kumar S/O Nageshwar Rai R/O Vill.- Mohiuddinpur P.S.- Gaurichak, Distt.- Patna, At Present Jawahar Sah ke Makan me Renter Chitkohra Thana Beur Distt. Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahil Raj S/O Panna Lal Rajak R/O Purvi Ram Krishna Nagar, Post- New Jaganpura, P.S.- Ramkrishna Nagar, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shweta Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP For the Informant :

Mr. Prakash Chandra, Adv.

Mr. Nitesh Kumar, Adv.

Mr. Amrendra Kumar,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Ramkrishnanagar P.S. Case No. 350 of 2025 registered for the offence under Sections 96 of BNS.

3. The petitioner is named in the F.I.R. and is in custody since 09.05.2025.

4. The allegation against the petitioner is to kidnap the minor daughter of the informant aged about 13 years and thereafter, committing penetrative sexual assault/ rape upon her.

Patna High Court CR. MISC. No.53733 of 2025(3) dt.17-11-2025 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation is available against co-accused Aman Kumar. It is pointed out from the statement of victim as recorded under Section 183 of BNSS, the allegation of kidnapping and sexual assault cannot be gathered. It is further submitted that being a friend of main co-accused Aman Kumar, this petitioner was implicated with present case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent 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.

6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that after returning from Patna main coaccused Aman Kumar took shelter at the room of this petitioner with victim and therefore petitioner was aware about the occurrence and he failed to report it to the

Patna High Court CR. MISC. No.53733 of 2025(3) dt.17-11-2025 3/3 concerned authority in view of Section 21 of POCSO Act.

7. In view of aforesaid factual submission and by taking note of fact as allegation of kidnapping and sexual assault prima-facie appears negated qua petitioner through statement of victim as recorded under Section 183 of BNSS, coupled with fact that investigation of this case already completed where petitioner remains in custody since 09.05.2025, accordingly petitioner above named, is directed to be released on bail in connection with Ramkrishnanagar P.S. Case No. 350 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 Exclusive Spl. Judge Rape and POCSO Act, Patna /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T