Created by Fuzzy Cloud

Patna High Court

Sumit Kumar @ GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and sureties, with the condition that the trial may not be delayed.

Summary

The petitioner, Sumit Kumar, was arrested in connection with alleged kidnapping, theft (IPC s.363) and rape (IPC s.376) as well as offences under the POCSO Act (ss.4,6). The victim, a minor, submitted a letter claiming she was in love with the petitioner, had eloped, and that her statements to the police were made under parental pressure. The petitioner contended that he was falsely implicated by the informant, who is the victim's father, and that the victim's letter demonstrated a lack of genuine prosecution. The State opposed bail, citing the seriousness of the charges and the victim's statements recorded under Cr.P.C. ss.164 and 161. The Court, after hearing both sides, granted bail on condition of a Rs.25,000 bond with two sureties, while reserving the right to cancel bail if the petitioner attempts to delay the trial.

Issues considered

  • Whether bail should be granted in a case involving alleged kidnapping, theft, rape and offences under the POCSO Act.
  • Whether the victim's letter indicating a consensual relationship and alleged coercion of her statements affects the bail decision.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • POCSO
  • false implication
  • victim testimony
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32605 of 2025
                   Arising Out of PS. Case No.-260 Year-2023 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Sumit Kumar @ Guddu S/O Late Ajit Kumar R/O Village- Ratanpura Bin
                 Toli, P.S- Chapra Muffasil, Distt.- Saran at Chapra.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Pravin Ray S/O Late Saudagar Ray R/O Village- Naviganj Masumganj
                 Masumeshwar Nath Mandir, P.S- Bhagwan Bazar Chapra, Distt.- Saran at
                 Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subodh Kumar Barnwal, Advocate
                 For the Opposite Party/s :      Ms. Renuka Ratnakar, APP
                 For the Informant        :      Mr. Dhananjay Mishra, Advocate
                                                 Mr. Nilesh Kumar Nirala, Advocate
                                                 Mr. Amit Prakash, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   25-02-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 363 of the Indian Penal Code

                   and later Section 376 of the Indian Penal Code read with

                   Sections 4 and 6 of the POCSO Act was also added.

                                3. The case was taken up on 24.02.2026 when

                   informant and the victim were directed to remain physically

                   present before this Court. The informant for reasons best known

                   has not appeared, but then victim has appeared.
Patna High Court CR. MISC. No.32605 of 2025(6) dt.25-02-2026
                                            2/4




                       4. The victim before the Court submits that Annexure-

          3 to the bail application is in her own hand writing, but then the

          petitioner had made her write that letter prior to the occurrence

          itself. It is also submitted that a child was born, but then the

          child presently is staying with the sister of the petitioner, it is

          further submitted that petitioner had kidnapped her and

          thereafter established physical relation based on which she

          conceived and a child was born.

                       5. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and has been

          falsely implicated in the instant case by the informant who is

          father of the victim and presently is posted with Jharkhand

          Police. It is further submitted that no doubt the victim in her

          statement recorded under Sections 180 and 183 BNSS has

          supported the case of the prosecution, but then from perusal of

          Annexure-3 to the bail application which is a letter written by

          the victim in her own hand writing addressed to the President,

          State Women Commission, Bihar, Patna, has stated therein that

          her statement under Sections 164 Cr.P.C. and 161 Cr.P.C. be

          recorded again, as she was in love with the petitioner and had

          performed her marriage and also became pregnant, but then her

          parents were against the marriage and thus she was pressurized
Patna High Court CR. MISC. No.32605 of 2025(6) dt.25-02-2026
                                            3/4




          to make a statement against the petitioner.

                       6. The learned counsel for the petitioner further

          submits that it does not appear probable that petitioner even

          prior to statement of the victim recorded under Sections 164 and

          161 Cr.P.C. would have made her write a letter addressed to the

          President, State Women Commission, Bihar, Patna, knowing

          that victim would support the case of prosecution. It is also

          asserted and submitted that petitioner and the victim had

          performed their marriage and out of the wedlock, a child was

          born. It is further submitted that from perusal of Annexure-3 to

          the bail application, it would manifest that in the said letter, it is

          also recorded that while the victim was going to the Court when

          she was forcefully taken by her parents. It is next submitted that

          petitioner is in custody since 15.01.2025, charges have been

          framed and one prosecution witness has been examined. It is

          next submitted that in the event of acquittal of the petitioner in

          the trial, how his period of incarceration be compensated, but if

          petitioner is granted the privilege of bail and ultimately if he is

          convicted, he will serve the sentence, but then it is reiterated and

          submitted that petitioner and the victim were in love and they

          eloped. It is also submitted that if privilege of bail is granted to

          the petitioner, the petitioner will not abscond rather will
            Patna High Court CR. MISC. No.32605 of 2025(6) dt.25-02-2026
                                                        4/4




                      cooperate in the trial to prove his innocence.

                                    7. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                    8. After hearing the learned counsel for the parties,

                      the petitioner above-named, is directed to be released on bail on

                      furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Trial Court where the case is

                      pending/successor court in connection with Bhagwan Bazar P.S.

                      Case No. 260 of 2023.

                                    9. It is made clear that if the learned Trial Court

                      comes to a conclusion that petitioner, after his release, is trying

                      to delay the trial in any manner, in that event the learned Trial

                      Court shall be at liberty to cancel the bail bonds of the

                      petitioner.

                                 10. The personal appearance of the victim is dispensed

                      with.

                                11. Accordingly, the instant bail application stands

                      allowed.


                                                              (Satyavrat Verma, J)
Rishabh/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.