Patna High Court
Sunil Kumar Mahto @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Sunil Kumar Mahto, sought anticipatory bail after being implicated in a FIR alleging kidnapping of the informant's minor daughter and offences under the Bharatiya Nyaya Sanhita and the POCSO Act. He contended that the FIR was fabricated and that the victim, in a statement recorded under Section 183 of the Bharatiya Nyaya Sanhita, denied any coercion, stating she left voluntarily and married the petitioner. The State opposed the bail, arguing the seriousness of the charges. The court, considering the victim’s voluntary statement, held that the allegations lacked substantive basis and granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if the petitioner is arrested within eight weeks, he shall be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged kidnapping and offences under the Bharatiya Nyaya Sanhita and POCSO Act.
- Whether the victim’s statement under Section 183 of the Bharatiya Nyaya Sanhita negates the prosecution’s case.
- Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 351(B), 352, 61(2), 87
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- false FIR
- kidnapping
- POCSO
- victim consent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3824 of 2026
Arising Out of PS. Case No.-272 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Sunil Kumar Mahto @ Sunil Kumar S/O Ramji Mahto R/O Vill.- Babhanauli,
P.S.- Govindganj, Dist.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX S/O YY R/O Vill.- Purandrapur, P.S.- Malahi, Dist.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
For the Informant : Mr. Abhishek Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 22-06-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 137(2), 87, 352, 351(B),
61(2) of the Bharatiya Nyaya Sanhita and Sections 4, 6 of the
Protection of Children from Sexual Offences Act.
3. As per F.I.R., this petitioner is alleged to have
kidnapped minor daughter of the informant.
4. Learned counsel for the petitioner submits that
entire case as set out in the F.I.R. is false and concocted. Victim
in her statement, recorded under Section 183 BNSS, denied the
prosecution case and stated that she was in love with this
petitioner and left the house on her own sweet will and
Patna High Court CR. MISC. No.3824 of 2026(6) dt.22-06-2026
2/2
solemnized marriage with him. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, 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 learned District and
Additional Sessions Judge-cum-Exclusive Special Judge, East
Champaran, Motihari in connection with Malahi P. S. Case No.
272 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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