Justice Rajesh Kumar Verma's bail order in a rape case challenged in Supreme Court, notice issued

In Shiv Shankar Kumar @ Shiv Shankar Singh vs. The State of Bihar & Anr. (2024), Patna High Court's Justice Rajesh Kumar Verma had passed a 4-page long order dated August 21, 2024 saying, "let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna in connection with Complaint Case No. 1862(C) of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other...". This order was passed because the petitioner had clean antecedent and the police had submitted final form in favour of the petitioner. The petitioner had approached the High Court apprehending his arrest in view of the F.I.R. dated October 9, 2017 for the offences punishable under Sections 376, 354C, 506 read with Section 34 of the Indian Penal Code (IPC). Rimpi Srivastava, the opposite party No. 2 had filed the present Complaint Case No. 1862(C) of 2023 against the petitioner in which cognizance has been taken against the petitioner vide order dated November 30, 2023.

According to the prosecution, all the accused persons including the petitioner had committed rape upon the complainant and also made a video of the same and threatened her for dire consequences. It was alleged that one of the co-accused, namely, Pintu Singh stolen her ornaments after marrying her and fled away and when the complainant inquired about him, she found that the said Pintu Singh was already married and he had five children. It has been alleged that police has connived with the petitioner. 

Now the case has reached Supreme Court. On April 29, 2025, Court's Division Bench of Justices Vikram Nath and Sandeep Mehta passed an order in XXX vs.The State of Bihar & Anr. (2025) to condone the delay and issued notice.