Patna High Court
Suman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petitioner may be released on bail upon surrender within six weeks, subject to bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Suman Kumar, an 18‑year‑old with a clean antecedent, was implicated in a case (PS Case No.40 of 2025) alleging assault on an informant's daughter and offences under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the POCSO Act. The petitioner claimed innocence, citing a delayed FIR, a prior dispute over crop damage, and a compromise petition, while the opposite party 2 admitted the case arose from a misunderstanding. The State sought appropriate orders, and the court considered the nature of the allegations, the petitioner's clean record, and the compromise. The court ordered that if the petitioner surrenders within six weeks, he shall be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively grants bail pending further investigation and trial.
Issues considered
- Whether the petitioner should be arrested or granted bail despite the serious nature of the allegations under the B.N.S. and POCSO Acts
- Whether the delay in lodging the FIR and the claim of false implication warrant bail
- Whether the existence of a compromise petition and the petitioner's clean antecedent justify release on bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 126(2), 127(2), 482(2), 76, 78
- Protection of Children from Sexual Offences Act — s. 10, 8
Subjects
- bail
- criminal procedure
- POCSO Act
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- compromise petition
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13317 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- Chakmesi District- Samastipur
======================================================
Suman Kumar S/o Manoj Sharma, R/o Village - Masum Nagar Chakmehsi,
P.S- Chakmehsi, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar.
2. XXXX YYYY R/o Village - Masum Nagar Chakmehsi, P.S- Chakmehsi,
District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate.
Ms. Rani Shashi Bharti, Advocate.
For the State : Mr. Ahmad Ali, A.P.P.
For the O.P. No.2 : Mr. Ashok Kumar, Advocate.
Ms. Sunidhi Vimal, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the opposite party
no.2.
2. The petitioner apprehends his arrest in connection
with Chakmeshis P.S. Case No.40 of 2025 instituted under
Sections 126(2), 127(2), 115(2), 76, 78 of the B.N.S., 2023 and
Sections 8, 10 of the POCSO Act.
3. As per the prosecution case, when the daughter of
the informant had gone to bring cattle feed from the field, the
petitioner misbehaved with her and thrashed her down, on alarm
one Muneshwar Sah came and saved her, thereafter the
Patna High Court CR. MISC. No.13317 of 2026(3) dt.06-05-2026
2/3
petitioner fled away from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that there is delay in lodging the F.I.R.
without any plausible explanation. Learned counsel submits that
the victim had cut the standing crop of the petitioner, due to this
reason, some altercation and exchange of hot words taken place
between the parties and after intervention of the local farmers,
the matter was resolved, however, the informant with ulterior
motive lodged the case against the petitioner but after realizing
the correct fact, a compromise petition has been filed before the
learned Court concerned. He further submits that petitioner is a
young boy of 18 years, having got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned counsel for the opposite party no.2
conceded the fact that due to some misunderstanding, the
present case has been lodged against the petitioner.
6. Learned A.P.P. for the State submits that
appropriate order may be passed.
7. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
Patna High Court CR. MISC. No.13317 of 2026(3) dt.06-05-2026
3/3
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Additional Sessions
Judge-VI-cum-Special Judge (POCSO), Samastipur/ concerned
Court in connection with Chakmehsi P.S. Case No.40 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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