Patna High Court
Sujal kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
In the absence of any allegation against the petitioner and given the victim’s statement denying the prosecution’s case, the court granted pre‑arrest bail subject to conditions.
Summary
The petitioner, Sujal Kumar, applied for pre‑arrest bail in a kidnapping case involving the minor daughter of an informant, alleged under Section 96 of the BNS and Section 4 of the POCSO Act. The victim, aged 17 years and 6 months at the time of her statement under Section 183 BNSS, denied the prosecution’s version and said she was in a consensual relationship with the petitioner. The State opposed bail, but the court noted the lack of any substantive allegation against the petitioner and the victim’s own statement. Consequently, the court ordered the release of the petitioner on pre‑arrest bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) Cr.P.C and Section 482(2) BNSS, and directed the district court to verify any criminal antecedent. The bail application was disposed of, and the order will lapse if the petitioner is found involved in other cases.
Issues considered
- Whether pre‑arrest bail can be granted in a case punishable under Section 96 BNS and Section 4 POCSO Act.
- Whether the victim’s statement under Section 183 BNSS negates the prosecution’s case and warrants bail.
- Whether conditions under Section 438(2) Cr.P.C and Section 482(2) BNSS are applicable.
Legislation cited
- Bihar Narcotic Substances (BNSS) — s. 183, 482(2)
- Bihar Negotiable Substances (BNS) — s. 96
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- pre‑arrest bail
- POCSO
- kidnapping
- minor
- Section 438 CrPC
- Section 96 BNS
- victim statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21253 of 2026
Arising Out of PS. Case No.-635 Year-2025 Thana- AMARPUR District- Banka
======================================================
Sujal Kumar Son of Amarnath Sah Kasera R/o Village - Amarpur, Ward no.
12, P.S. - Amarpur, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate.
For the Opposite Party/s : Mr.Anil Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Amarpur P.S. Case No. 635 of 2025 registered for the
offence punishable under Section 96 of the BNS and Section 4
of the POCSO Act.
3. Allegation is of kidnapping the minor daughter of
the informant on the pretext of marriage.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the case. The victim in her statement
recorded under Section 183 BNSS has not supported the
prosecution story. The petitioner is a student.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.21253 of 2026(2) dt.16-04-2026
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the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., at the time when the statement of the victim was
recorded under Section 183 BNSS, her age was 17 years and 6
months, she has not supported the prosecution case rather she
has stated that she was in love relationship with the petitioner
and as on date the petitioner and the victim are now adult, in
absence of any allegation against the petitioner, the petitioner,
above named, is directed to be released on pre-arrest bail, in the
event of his arrest or surrender before the Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending in connection with Amarpur P.S. Case No. 635
of 2025, subject to the condition as laid down under Section
438(2) Cr.P.C / 482(2) BNSS and further condition that the
victim shall remain along with her parents till she attains the
age of marriage.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
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3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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