Patna High Court

Sahul Kumar @ Sahul SaperaversusThe State of Bihar

Decided: 31 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court ordered the release of the petitioner on regular bail upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Sahul Kumar, was arrested in a case registered under sections 137(2) and 140(3) of the BNS. The prosecution alleged that the daughter of an informant, a minor, went missing and later gave a statement under section 183 of the BNSS indicating she liked the petitioner and wanted to marry him. The petitioner’s counsel argued that the victim’s statement contained no allegation of any overt act against the petitioner, that she denied medical examination, and that the petitioner has no criminal antecedents and has been in judicial custody since 24‑11‑2025. The State opposed bail on the ground that the victim is a minor. After hearing both sides, the Court found the circumstances warranted regular bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail in a case under sections 137(2) and 140(3) of the BNS given the victim’s statement and minor status.

Legislation cited

BNS — s. 137(2), 140(3)
BNSS — s. 183

Subjects

regular bail
criminal procedure
minor victim
section 137 BNS
section 140 BNS
section 183 BNSS
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4733 of 2026
                   Arising Out of PS. Case No.-160 Year-2025 Thana- CHHABILAPUR District- Nalanda
                 ======================================================
                 Sahul Kumar @ Sahul Sapera S/o Nandu Nat R/o vill - Kharjama, P.S.-
                 Chhabilapur, Distt.- Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Md. Shamshad S/o Md. Habib R/o vill - Miyan Bigha, P.O. and P.S.-
                 Chabilapur, Distt.- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rudal Singh, Advocate
                 For the Opposite Party/s :      Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   31-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 137(2) and

                   140(3) of BNS.

                                3. The case of the prosecution is that the daughter of

                   the informant was missing. She was also having a mobile. In

                   this case, the victim was recovered and she has given her

                   statement under Section 183 of BNSS wherein she has stated

                   that her parents were marrying with a boy whom she did not

                   like. She has further stated that on 04.10.2025, on pretext of

                   going to college, she went to Rajgir from there, she went to
Patna High Court CR. MISC. No.4733 of 2026(3) dt.31-03-2026
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          Patna by bus from Patna, she went to Jaipur and from there, she

          went to Delhi. She started giving tuition to the boys. She has

          further stated that she likes the petitioner. She disclosed the

          petitioner that she wants to marry with him and she is in Delhi.

          After this, the petitioner told the victim that a case has been

          filed.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          statement of the victim under Section 183 of BNSS, it is clear

          that she has not alleged any overt act against the petitioner and it

          is also clear from the para-63 of the diary that victim has denied

          her medical examination. Learned counsel has submitted that

          there is no any allegation against the petitioner rather the victim

          herself has gone out of her house. A statement has been made in

          para-3 of this petition that the petitioner has got no criminal

          antecedent. Moreover, he is languishing in judicial custody since

          24.11.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that the victim is minor.

                       6. Having heard learned counsel for the parties and
            Patna High Court CR. MISC. No.4733 of 2026(3) dt.31-03-2026
                                                        3/3




                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Chhabilapur P.S. Case No. 160 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Judicial Magistrate 1 st

                      Class, Nalanda at Biharsharif.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T

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