Patna High Court
Sonu Kumar @ RajpalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Sonu Kumar was arrested in connection with a kidnapping case (Sheikhpura Mahila P.S. Case No. 13 of 2026) alleged under Sections 96, 64, 137(2) of the Bihar Negotiable Substances Act and Sections 4 and 8 of the POCSO Act. The prosecution claimed he abducted the minor victim, while the petitioner contended he was falsely implicated and that the victim’s statement under Section 180 of the BNSS indicated she had left home voluntarily. The petitioner applied for bail after being in custody since 17‑04‑2026. The informant opposed the bail, but the court, after considering the victim’s statement and the facts, found no sufficient ground to deny bail. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under the BNS and POCSO statutes.
- Whether the victim’s statement indicating voluntary departure negates the prosecution’s case.
Legislation cited
- Bihar Negotiable Substances Act — s. 137(2), 64, 96
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- bail
- kidnapping
- POCSO
- false implication
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42479 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- MAHILA P.S. District- Sheikhpura
======================================================
Sonu Kumar @ Rajpal Son of Sudhir Singh Resident of Village- Ghosrawa,
Ps- Giriyak, Dist- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Son of YYY Resident of Village- Rampur Sinday, Ps- Mission Ps,
Dist- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinkar Kumar
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
For the Informant : Mr. Ajay Kumar Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Sheikhpura Mahila P.S. Case No. 13 of 2026 registered for the
offence under Sections 96, 64, 137(2) of the BNS and under
Sections 4,8 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim.
4. The petitioner is in custody since 17.04.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that from the statement of the victim
Patna High Court CR. MISC. No.42479 of 2026(2) dt.02-07-2026
2/2
girl recorded under Section 180 of the BNSS, it will appear that
she had gone from her house on her own.
6. Learned counsel for the informant has opposed
the application of the petitioner.
7. Considering the facts of the case and also
considering the statement of the victim, this application is
allowed.
8. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with
Sheikhpura Mahila P.S. Case No. 13 of 2026.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.