Patna High Court
Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Suman Kumar, was arrested in connection with a case involving the alleged exploitation and torture of two minor girls at a local orchestra, charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023, the Child Labour (Prevention and Regulation) Act, 1986, and the Juvenile Justice Act, 2015. He sought bail, claiming innocence and that his detention was based solely on suspicion without direct evidence. The prosecution opposed the bail, emphasizing the seriousness of the offences. The court noted the petitioner’s prolonged custody since 21‑11‑2025 and the fact that a similarly situated co‑accused had been granted bail. Considering these factors, the court allowed the bail application, imposing a bond of Rs.10,000 with two sureties and several conditions regarding court appearances and police station attendance.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bhartiya Nyaya Sanhita, Child Labour Act and Juvenile Justice Act
- Whether the petitioner’s prolonged pre‑trial detention and the grant of bail to a co‑accused warrant relief
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 127(2), 143, 318(4), 336(3), 338, 3(5), 61(2)
- Juvenile Justice Act, 2015 — s. 79
Subjects
- bail
- pre‑trial detention
- child labour
- sexual exploitation
- juvenile justice
- criminal procedure
- POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13752 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- MAHILA P.S. District- Siwan
======================================================
Suman Kumar S/o Parshuram Sah R/o Vill- Luhsi Kala, P.S.- Muffasil
Dhanauti, Dist- Siwan, Bihar, Pin Code-841226
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smita Kumari, SHO Mahila Thana, Siwan Bihar, Pin- 841226
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajni Kant, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Mahila
P.S. Case No.78 of 2025 dated 21.11.2025 instituted for the
offence punishable under Sections 127(2), 318(4), 143, 338,
336(3), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and
Section 14(1) of the Child Labour (Prevention and Regulation)
Act, 1986 and Section 79 of the Juvenile Justice Act, 2015.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the informant along with other police
personnel conducted a raid at Sitara Orchestra, Madarpur and
recovered two minor girls, who disclosed that the accused
persons used to compel and torture them to dance on indecent
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songs.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been implicated in this case
only on the basis of suspicion without any direct evidence. He
further submits that the petitioner is in custody since 21.11.2025
without any fault and similarly situated co-accused Abhishek
Singh @ Abhishek Kumar Singh has been granted bail by this
Court vide order dated 25.03.2026 passed in Criminal
Miscellaneous No. 5755 of 2026.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner for grant of bail.
6. Considering the period of custody of the petitioner
and also the fact that similarly situated co-accused has been
granted bail by this Court, this bail application is allowed.
7. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge (POCSO), Siwan / concerned
Court below, in connection with Mahila P.S. Case No.78 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and
shall be properly represented on each and every date fixed
by the Court and on his absence on two consecutive dates
without sufficient reason, his bail bond shall be cancelled by
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the Court below.
ii. Both the bailors will be the close relatives of
the petitioner.
iii. The petitioner within two weeks after his
release from custody shall mark his attendance at
Baikunthpur Police Station, Gopalganj on first Sunday of
every month. Any default in appearance at the police station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
khushbu/-
U T
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