IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69778 of 2025 Arising Out of PS. Case No.-270 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Suraj Kumar Das Son of Kishori Das Resident Of Village- Koylakund, Ward No 12, Ps- Kalyanpur, Dist -Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anu Priyadarshni, Adv. For the Opposite Party/s : Mr. Lalan Kumar,APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 5 16-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. A prayer for bail has been made on behalf of the petitioner in connection with Kalyanpur P.S. Case no.270 of 2025 registered under sections 126(2), 115(2), 76, 352, 351 and 3(5) of BNS, 2023. 3. Allegation in the F.I.R is that petitioner tried to commit rape with the informant/victim. 4. Learned counsel for the petitioner submits that it is evident from the F.I.R itself that petitioner and the victim/informant are both neighbours and there is delay of 9 days in lodging of F.I.R, for which no explanation has been tendered. It has further been submitted that informant/victim has also refused to give her statement under Section 183 of BNSS, which would be evident from the report of the police annexed Patna High Court CR. MISC. No.69778 of 2025(5) dt.16-02-2026 2/2 with the records of the case. It has also been submitted that as a matter of fact there was a relationship between the petitioner and the informant/victim and on account of some subsequent dispute between them, the present case has been lodged. The petitioner has no criminal antecedent and he is in custody since 07.08.2025. He undertakes to cooperate in the case/trial. 5. The application for bail is opposed by learned A.P.P. for the State. 6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that the informant/victim is an adult and has lodged the case after unexplained delay of nine days coupled with the fact that she has even refused to give her statement under Section 183 of BNSS, the petitioner is directed to be enlarged on bail in connection with Kalyanpur P.S. Case no.270 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 the learned Court concerned where the case is pending/successor Court. Harsh/- (Soni Shrivastava, J) U T