Sandip Kumar @ Sandip Saw @ Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57588 of 2025 Arising Out of PS. Case No.-220 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== Sandip Kumar @ Sandip Saw @ Sandeep Kumar S/o- Umesh Saw Resident Of Village- Tetariya Ps- Govindpur District- Nawada. .. ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioners seeks bail in connection with Govindpur P.S. Case No. 220/2024, registered for the offence under Sections 376, 313 of the Indian Penal Code.
3. The accused/petitioner is named in the F.I.R. and is in custody since 19.05.2025.
4. The allegation against the petitioner is to establish physical relationship with the informant aged about 18 years on false pretext of marriage. It is also alleged by the informant that she was aborted twice on instance of this petitioner.
5. Learned counsel appearing on behalf of the petitioner submitted that the allegation of rape was raised in the background of false promise of marriage, where the informant is appearing consenting party. It is submitted that the allegation qua
Patna High Court CR. MISC. No.57588 of 2025(4) dt.13-11-2025 2/3 terminating pregnancy is only to aggravate the allegation because there is no details of hospitals, where the informant was admitted for termination of her pregnancy. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by taking note of fact as the allegation of rape prima facie raised in the background of false promise of marriage, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 19.05.2025., accordingly, above named petitioner is directed to be released on bail in connection with Govindpur P.S. Case No. 220/2024, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS, with further conditions that:- (i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and
Patna High Court CR. MISC. No.57588 of 2025(4) dt.13-11-2025 3/3 every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents. (ii) Petitioner is also directed not to influence or to threat victim in any manner before deposing the Court or to influence other prosecution witnesses, failing which, the learned trial court shall be at liberty to cancel the bail bond of the petitioner. (Chandra Shekhar Jha, J) veena/- U T