Sajan Kumar @ Indradeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72307 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- SINDHUGAR District- Gaya ====================================================== Sajan Kumar @ Indradeo Kumar, S/o Late Somar Yadav, R/o villagr - Dhelwa Taand, P.S.- Sindhugarh, Distt.- Gaya ... ... Petitioner

Versus

1.

The State of Bihar 2.

Anshu Kumar D/o Surendra Yadav R/o village - Sindhugarh, Ward No. 07, P.S.- Sindhugarh, Distt.- Gayaji ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Sindhugarh P.S. Case No.75 of 2025 registered for the offences punishable under Sections 70(1) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.'), Section 67-B of the I.T. Act as well as Section 4 of the Protection of Children from Sexual Offences Act.

3. The accused/petitioner is named in the FIR and is in custody since 05.07.2025.

4. As per FIR, co-accused Sajan Kumar committed

Patna High Court CR. MISC. No.72307 of 2025(3) dt.05-02-2026 2/3 rape upon the informant/victim aged about 17 years, whch was video-graphed by one co-accused namely, Binod Kumar and this petitioner. It is alleged that Binod Kumar also demanded sex from informant as not to make viral the video of the occurrence captured by them.

5. It is submitted by learned counsel appearing on behalf of the petitioner that the allegation of kidnapping or sexual assault is not available as per statement of victim recorded under Section 183 of the BNSS. It is submitted that out of consent, the petitioner came to the house of the informant and, thereafter, physical relationship was established. It is submitted that as the video was made viral by co-accused person, the present case was lodged.

6. Arguing further, it is submitted that still not even a single prosecution witness was examined in this case, whereas petitioner remains in custody since last seven months. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and moreover

Patna High Court CR. MISC. No.72307 of 2025(3) dt.05-02-2026 3/3 petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions and by taking note of fact as the statement of victim recorded under Section 183 of the BNSS prima facie negates the allegation of kidnapping and sexual assault, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 05.07.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge POCSO-cum-A.D.J.-VII, Gaya Ji in connection with Sindhugarh P.S. Case No.75 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T