Patna High Court
Sumesh Kumar @ Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sumesh Kumar, was arrested in a case alleging kidnapping of a minor girl (the victim) and offences under IPC sections 363, 366A and POCSO Act section 8. He contended that he is innocent, asserting that the victim’s statement recorded under Section 164 of the CrPC shows they had eloped, married, lived together in Manipur and had a child. The State opposed his bail application. The Court examined the victim’s statement, the nature of the allegations and the statutory provisions, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order was directed to be complied with by the Special Judge of the POCSO Act, East Champaran. The decision reflects the Court’s discretion to balance the presumption of innocence with the seriousness of the alleged offences.
Issues considered
- Whether the petitioner is entitled to bail in a case involving alleged kidnapping and offences under the POCSO Act.
- Whether the victim’s statement under Section 164 CrPC negates the prima facie case against the petitioner.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- kidnapping
- POCSO Act
- Section 164 statement
- Criminal Procedure
- minor victim
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1977 of 2026
Arising Out of PS. Case No.-3 Year-2024 Thana- PIPRA District- East Champaran
======================================================
Sumesh Kumar @ Aditya Kumar S/o Ramawatar Bhagat R/o Village-
Bishunpura, P.S- Pipra, Dist- East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Devi W/o Lal Babu R/o Village- Bishunpura, P.S- Pipra, Dist- East
Champaran, Motihari
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Sumit Kumar Gupta, Advocate
Ms. Isha Mishra, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
For OP 2 : Mr. Suraj Tiwari, Advocate
Mr. Akshay Tripathi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 22-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 363, 366A of IPC and
section 8 of POCSO Act .
3 . The brief allegation against the petitioner is that on
03.01.2024 at about 06:00 AM, he, along with three unidentified
miscreants armed with weapons, arrived at the Informant’s
doorway in a Bolero vehicle. It is alleged that while the
Patna High Court CR. MISC. No.1977 of 2026(6) dt.22-06-2026
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Informant and his minor daughter, aged about 16 years
(hereinafter referred to as the 'victim'), were basking in the fire,
the accused persons, on the point of gun, kidnapped the victim.
4. Learned counsel for the petitioner submitted that as
a matter of fact, petitioner is innocent and has committed no
offence as alleged. It is further submitted that during
investigation, statement of the victim was recorded under
Section 164 of Cr. PC, wherein she stated that in the month of
January 2024, she eloped with the petitioner and solemnized
marriage with him and thereafter, they went to Manipur and
started living as husband and wife whereafter, she gave birth to
a baby.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, statement of the
victim recorded under Section 164 Cr.P.C. and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, be enlarged 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 7th District & Additional
Session Judge Cum Spl. Judge POCSO Act, East Champaran,
Patna High Court CR. MISC. No.1977 of 2026(6) dt.22-06-2026
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Motihari in connection with Pipra P.S. Case No. 03 of 2024 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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