Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The provisional bail granted to the petitioner is confirmed.
Summary
The petitioner, Sunny Kumar, was charged with offences under Sections 376(1) and 376(2) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. He had earlier been granted provisional bail by a coordinate bench of the Patna High Court on the condition that he would marry the informant, as a child had been born out of the alleged relationship. A supplementary affidavit was later filed confirming that the petitioner and the victim are now married and living together with their child. The opposite party’s counsel raised no objection to confirming the bail. The court, after noting the marriage and the lack of opposition, confirmed the provisional bail and disposed of the application.
Issues considered
- Whether provisional bail granted for offences under IPC 376(1)/376(2) and POCSO Act Sections 4/6 should be confirmed after the petitioner marries the victim.
Legislation cited
- Indian Penal Code — s. 376(1), 376(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- POCSO
- marriage
- provisional bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46089 of 2025
Arising Out of PS. Case No.-814 Year-2024 Thana- NAUBATPUR District- Patna
======================================================
Sunny Kumar S/o Anil Paswan R/o Village- Nabhi Ward no 3/4, PS-
Naubatpur, Distt- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rupa Kumari D/o Late Umesh Paswan R/o vill - Panhara, P.S - Naubatpur,
Distt. Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
8 26-02-2026 Heard learned counsel for the petitioner, learned
counsel for the opposite party no.2 and learned APP for the
State.
2. The petitioner seeks bail for the offences
punishable under Sections 376(1)/376(2) of the Indian Penal
Code and Section 4/6 of the POCSO Act.
3. From perusal of the order dated 22.12.2025, it is
evident that the petitioner had been granted the provisional bail
by a coordinate Bench of this Court on the assurance that he was
ready to get married with the informant, since a child was also
born out of the said wedlock.
4. Today, a supplementary affidavit has been filed on
Patna High Court CR. MISC. No.46089 of 2025(8) dt.26-02-2026
2/2
behalf of the petitioner bringing on record the fact that the
petitioner and the victim are now married and are leading a
happy conjugal life. Both the parties are also present physically
along with the child and they confirmed the said fact.
5. Learned counsel for the opposite party no.2 has no
objection in case the provisional bail granted to the petitioner is
confirmed.
6. In such view of the matter, the provisional bail
granted to the petitioner vide order dated 22.12.2025 is
confirmed and this application is disposed of accordingly.
(Soni Shrivastava, J)
Trivedi/-
U T
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