Binod Kumar @ Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73807 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- SINDHUGAR District- Gaya ====================================================== Binod Kumar @ Vinod Kumar S/o- Rajendra Yadav @ Rajo Yadav R/vSindhugarh Ps- Sindhugarh Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/o- Surendra Yadav R/v- Sindhugarh Ps- Sindhugarh Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Sindhugarh P.S. Case No. 75 of 2025 registered for the offence under Sections 70(1) of BNS, Section 67B of IT Act and Section 4 of POCSO Act.

3. The petitioner is named in the F.I.R. and is in custody since 28.06.2025.

4. As per FIR, co-accused Sajan Kumar committed rape upon the informant/ victim aged about 17 years which was video-graphed by one co-accused namely, Binod Kumar and this petitioner. It is alleged that Binod Kumar also

Patna High Court CR. MISC. No.73807 of 2025(2) dt.04-11-2025 2/3 demanded sex from informant as not to make viral the video of the occurrence captured by them.

5. Learned counsel appearing on behalf of the petitioner submitted that as per statement recorded under Section 183 of the BNSS, it transpired that victim was in love with Sajan Kumar one month prior to this occurrence. It is pointed out that the maximum allegation against this petitioner is to demand sex as not to make video viral of the occurrence as alleged to be captured by them, which in actual was made viral by the cousin brother of the victim namely, Pramod Kumar. 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 opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of statement of victim recorded under Section 183 of the BNSS, where maximum

Patna High Court CR. MISC. No.73807 of 2025(2) dt.04-11-2025 3/3 allegation appears against this petitioner is to demand sex from informant, coupled with fact that investigation of this case already completed where petitioner remains in custody since 28.06.2025, accordingly petitioner above named, is directed to be released on bail in connection with Sindhugarh P.S. Case No. 75 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 Special Judge POCSO cum district and Addl. Sessions Judge VII, Gaya Ji /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T