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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted bail to the petitioner.

Summary

Sunny Kumar, a 21‑year‑old resident of Saran district, was arrested in connection with a kidnapping case filed under Sections 96 and 61(2) of the Bihar Negotiable Instruments Act and Section 9 of the Child Marriage Act. The allegation stemmed from the informant’s claim that his minor daughter had been abducted, but the victim’s statement under Section 180 of the BNS indicated that she had voluntarily gone to Kanpur with the petitioner and married him, expressing a desire to live with him. The petitioner asserted his innocence, highlighted the lack of any criminal antecedent, and argued that the victim’s statement undermined the prosecution’s case. The State opposed bail, citing the seriousness of the offences. Considering the victim’s testimony, the petitioner’s age, and the absence of prior convictions, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs 10,000 with two sureties of equal amount. The Court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 96, 61(2) of the BNS and Section 9 of the Child Marriage Act.
  • Whether the victim’s statement under Section 180 of the BNS negates the prosecution’s case.
  • Whether the petitioner’s age, lack of antecedents, and alleged consensual relationship justify bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child marriage
  • Bihar Negotiable Instruments Act
  • Section 96
  • Section 61(2)
  • Section 9
  • Section 180
  • prima facie
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33374 of 2026
                       Arising Out of PS. Case No.-783 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Sunny Kumar Son of Vinod Rai @ Vinod Ray Resident of Village- Pahleja @
                 Pahleza Shahpur Diyara, P.S.- Sonepur, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vasant Vikas, Adv.
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 For the Informant        :       Mr. Manish chandra Gandhi, Adv.
                                                  Mr. Himanshu Ranjan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   24-06-2026               Heard learned counsel for the petitioner and learned APP for

                   the State.

                           2. The petitioner seeks bail in connection with Sonepur PS

                   Case No. 783 of 2025 instituted for the offences under Sections 96,

                   61(2) of the BNS and after investigation chargesheet has been

                   submitted under Section 96 of the BNS and Section 9 of he Children

                   Marriage Act.

                           3. The allegation is that the daughter of the informant was

                   kidnapped and suspicion was raised on the petitioner.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the present

                   case. The girl in her statement under Section 180 of the BNS stated

                   that she had gone to Kanpur with the petitioner and married him.

                   Though she stated that she wants to live with her husband but due to
           Patna High Court CR. MISC. No.33374 of 2026(3) dt.24-06-2026
                                                       2/2




                     the girl being minor she was handed over to her parents. The

                     petitioner is in custody since 12.08.2025 and has got no criminal

                     antecedent.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the statement of the victim girl does not

                     support the case of the prosecution, moreover the petitioner is aged

                     about 21 years and there is a hint of relationship between the parties,

                     this Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.10,000/- (Ten thousand) with two sureties of the like

                     amount each to the satisfaction of concerned Court in connection

                     with Sonepur PS Case No. 783 of 2025.

                             8. It is made clear that any observation made herein is prima

                     facie in nature and limited solely for the purpose of adjudication of

                     the present bail application. Such observations shall not be construed

                     as an expression on the merits of the case and shall not influence the

                     trial or any other proceedings in any manner.



                                                      (Ansul, J)
Siddharth Soni/-

U      T


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