Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner.
Summary
Sunil Kumar was arrested in connection with a case alleging rape and sexual offences against the minor daughter of an informant, under IPC sections 376, 504, 34 and POCSO Act section 4. The prosecution alleged that Kumar pretended to marry the minor and later refused, constituting a sexual relationship with a child. Kumar contended that the relationship was consensual, a prolonged love affair, and that he had no criminal intent, citing his clean antecedent and short period of custody since 3 January 2026. The State and the informant opposed his bail. The court, considering the nature of the accusation, the petitioner’s clean record, and the custody period, granted regular bail on a bond of Rs. 10,000 with two sureties, directing release subject to the conditions of the Exclusive Special Judge, POCSO Act, Khagaria.
Issues considered
- Whether bail should be granted to an accused of offences under IPC 376, 504, 34 and POCSO Act 4.
- Whether the alleged consensual relationship with a minor negates the elements of the offences.
- Whether the petitioner’s clean antecedent and period of custody justify bail.
Legislation cited
- Indian Penal Code — s. 34, 376, 504
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- rape
- POCSO
- sexual offences
- consent
- minor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11339 of 2026
Arising Out of PS. Case No.-59 Year-2024 Thana- CHAUTHAM District- Khagaria
======================================================
Sunil Kumar S/o- Panchlal Mahto R/v- Lalpur Ps- Chautham Dist- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/v- Lalpur, W.No-4, Ps- Chautham Dist- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, A.P.P.
For the Informant : Mr. Pankaj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Chautham P. S. Case No. 59 of 2024 registered for the offences
punishable under Sections 376, 504/34 of the Indian Penal Code
and Section 4 of the Protection of Children from Sexual
Offences Act.
3. As per prosecution case, this petitioner established
physical relation with minor daughter of the informant on
pretext of marriage and thereafter, refused to marry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Victim was
fully aware of the consequences of such relationship which
Patna High Court CR. MISC. No.11339 of 2026(2) dt.11-03-2026
2/2
continued for about one year. He further submits that acts of
repeated intimacy and sexual relationship was consensual in
nature and was not established under any false promise, threat
or coercion and such, the same cannot be said to be induced or
involuntary. As a matter of fact, it is a case of prolonged love
affair between two consenting parties which has been given a
colour of forcible sexual intercourse with oblique purpose and
motive. Petitioner claims clean antecedent and is in custody
since 03.01.2026.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge, POCSO Act, Khagaria in
connection with Chautham P. S. Case No. 59 of 2024.
(Prabhat Kumar Singh, J)
Navya/-
U T
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