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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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