Patna High Court – Orders
Sikandar Kumar vs The State Of Bihar on 15 July, 2026
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24991 of 2026
Arising Out of PS. Case No.-67 Year-2020 Thana- MAHILA P.S. District- Samastipur
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Sikandar Kumar, Son of Sahindra Sah, Resident of Village-Simri, P.S.-
Vidyapati Nagar, Dist. - Samastipur.
... ... Petitioner
Versus
1. The State of Bihar
2. XXXXXXX, D/o YYYYYYY, Resident of Village - Simri, P.S. - Vidyapati
Nagar, Dist. - Samastipur.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 15-07-2026
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Samastipur Mahila P.S. Case No.67 of 2020 registered
for the offences punishable under Sections 147, 148, 149,
354, 376-DA, 511 and 120-B of the Indian Penal Code (in
short ‘IPC‘) as well as Sections 4, 6, 8, 10, 12, 14, 16 and
18 of the Protection of Children from Sexual Offence Act (in
short ‘POCSO Act‘) and Section 27 of the Arms Act.
3. The accused/petitioner is named in the FIR and
is in custody since 04.12.2025.
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4. As per FIR, it alleged in terms of complaint,
which is the basis of FIR as filed by the informant on
18.06.2020 in the POCSO Court, Samastipur against all the
FIR named co-accused persons alleging therein that on
19.05.2020 at about 8:00 P.M. all the accused persons
including the petitioner were variously armed with came to
the house of the complainant on a four wheeler vehicle and
two motorcycles and all of them assaulted, misbehaved and
outraged the modesty of the informant and made all attempt
to commit rape upon her. It is alleged that prior to this
incidence, on 10.04.2020 all the accused persons had
committed rape upon her younger sister and she was forcibly
prevented to institute any complaint.
5. It is submitted by learned counsel appearing for
the petitioner that the allegation against the petitioner is
very much general and omnibus and he was implicated only
in the background of land dispute and previous enmities. It
is submitted that this time also, the implication was initiated
on the basis of complaint with all ornamental and aggravated
allegations, which can be gathered from the face of
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complaint itself. It is pointed out that the occurrence alleged
to be taken place on 19.05.2020 but, the complaint was
lodged on 18.06.2020, i.e. after one month, under
formulation of false allegation. It is also submitted that the
petitioner was involved in three more criminal cases with
same informant/complainant, where nature of allegation is
almost similar. It is submitted that Vidyapati Nagar P.S.
Case No.83 of 2010 was lodged by the uncle of victim
namely, Ajay Kumar Sah, whereas C.R. Case No.157 of
2018 was lodged by the cousin of the victim and C.R. Case
No.89 of 2020 by sister of victim, which all reflects the
conduct of the informant and the complainant. It is
submitted that considering all such aspects, the co-accused
namely, Rakesh Kumar @ Bhulla and Hemant Kumar were
granted bail by one of the learned co-ordinate Bench of this
Court through Cr. Misc. No.39563 of 2021 dated
04.08.2022 and, therefore, as a matter of judicial parity, the
petitioner also deserves bail.
6. While concluding argument, it is submitted
that investigation of this case is already completed, for
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which, charge-sheet has been submitted and, as such, there
is no chance of tampering with the evidence.
7. Learned APP opposed the prayer for grant of
bail to the petitioner.
8. In view of aforesaid factual submissions and by
taking note of nature of accusation, which appears very
much general and omnibus in nature against petitioner,
coupled with the fact that investigation of this case is already
completed, where similarly situated co-accused persons have
already granted bail by one of the learned co-ordinate Bench
of this Court, as submitted aforesaid, accordingly, the
petitioner, above-named, who is in custody since
04.12.2025, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-VI-cum-Special Judge
(POCSO), Samastipur in connection with Samastipur Mahila
P.S. Case No.67 of 2020, 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
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Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
