Suraj Kumar v. The State of Bihar
Case brief
What is this about?
Conditional anticipatory/pre-arrest bail; Section 438(2) Cr.P.C. read with Section 482(2) BNSS conditions; victim statement under Section 164 Cr.P.C. in case diary Para-42; omnibus/allegations-general defence; POCSO Act Sections 4/6; BNS Sections 126(2), 127(2), 137(2), 96, 64, 351(2), 3(5); kidnapping of informant and rape specifically attributed to co-accused Dashrath Kumar; petitioner's role confined to participation with no physical or sexual assault alleged; age verification of accused shown as 18 years in cause title; bail order lapses on proof of other criminal antecedents; bail bond Rs. 10,000/- with two sureties; Exclusive Special Judge (Rape & POCSO) Act, Samastipur; Chakmehsi P.S. Case No. 167 of 2024, District Samastipur; Patna High Court Criminal Miscellaneous No.41586 of 2025, decided 17-10-2025 by Purnendu Singh, J.
What did the court decide?
Conditional pre-arrest bail: if the District Court verifies that the petitioner is not a minor, that the victim's Section 164 Cr.P.C. statement attributes no overt act or sexual wrong to him, and that he has no other criminal antecedents, he is to be released on pre-arrest bail on arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- (Ten thousand) with two like sureties to the satisfaction of the learned Exclusive Special Judge (Rape & POCSO) Act, Samastipur, subject to Section 438(2) Cr.P.C / 482(2) BNSS conditions; otherwise bail is refused and the order lapses if involvement in other cases is found.