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Patna High Court

Sunil Kumar Mahto @ Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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