Patna High Court
Sudarshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sudarshan Kumar, was arrested in connection with a kidnapping case under Sections 137(2), 65(1), 87 and 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act, alleged to have abducted a girl with the intention of marrying her. He pleaded innocence, asserted a clean antecedent and had been in custody since 26 March 2026. The prosecution opposed bail, while the petitioner’s counsel argued that the victim’s statement recorded under Section 183 of the BNSS indicated that she had voluntarily eloped with the petitioner. The Court examined the victim’s statement and the nature of the offences and concluded that the circumstances warranted the grant of regular bail. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The Court clarified that its observations were prima facie and not a determination on the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under the Bharatiya Nyaya Sanhita and the POCSO Act.
- Whether the victim’s statement indicating voluntary elopement affects the bail consideration.
- Whether the seriousness of the alleged offences precludes the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 65(1), 87, 96
- Bihar Nagarik Suraksha Sanhita — s. 183
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- regular bail
- kidnapping
- POCSO Act
- victim consent
- Bharatiya Nyaya Sanhita
- criminal procedure
- elopement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40542 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- LAURIA District- West Champaran
======================================================
Sudarshan Kumar S/o Brijnanan Chaudhary @ Brijnandan Chaudhary @
Bajnan Chaudhari @ Bijnandan Chaudhary Resident of - Pakdi Nuniya Tola,
P.S.- Lauriya, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X (Imaginary Name of informat/mother of the victim) Y (imaginary name of
husband of the informant) Resident of Village - Gaunaha, P.S.- Lauriya,
District - West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Arun Kumar Singh
Mr. Amit Kumar Pandey
Mr. Krishna Kant Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard the learned counsel for the petitioner, the
learned APP for the State and the learned counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Lauriya P.S. Case No. 160 of 2026 registered for the offence
under Section(s) 137(2), 65(1), 87, 96 of the Bharatiya Nyaya
Sanhita, 2023 and Section 4 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl with the intention to marry
her.
Patna High Court CR. MISC. No.40542 of 2026(2) dt.23-06-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 26.03.2026 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl recorded under Section 183 BNSS, it appears
that she had eloped with the petitioner on her own.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is
pending/successor Court in connection with Lauriya P.S. Case
No. 160 of 2026.
9. 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
Patna High Court CR. MISC. No.40542 of 2026(2) dt.23-06-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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