Patna High Court

Kundan Kumar @ Kush KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court held that bail should be granted as the victim’s voluntary statement and the petitioner’s clean antecedent outweighed the seriousness of the charges.

Summary

The petitioner, Kundan Kumar, was charged under IPC sections 366(A), 379, 34 and POCSO Act sections 4 and 8 for the alleged abduction, sexual assault of a minor and theft of cash and jewellery. The prosecution’s case was based on the informant’s allegation that his minor daughter and two other girls went missing on 5 March 2021 and that valuables worth about Rs. 2.55 lakh were stolen. The petitioner’s counsel argued that the victim’s statement recorded under Section 164 of the CrPC indicated that she had gone with the petitioner of her own free will and that the petitioner has a clean antecedent, having been in custody only since 4 April 2025. The State opposed the bail application, citing the seriousness of the offences. The Court, after considering the victim’s statement, the petitioner’s clean record and the nature of the charges, ordered regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial.

Issues considered

Whether regular bail can be granted in a case involving offences under IPC 366(A), 379, 34 and POCSO Act sections 4 and 8.
Whether the victim’s statement under Section 164 CrPC and the petitioner’s clean antecedent justify bail despite the seriousness of the alleged offences.

Legislation cited

Code of Criminal Procedure, 1973 — s. 164
Indian Penal Code — s. 34, 366A, 379
Protection of Children from Sexual Offences Act — s. 4, 8

Subjects

bail
POCSO
IPC 366A
theft
sexual offences against minor
victim statement
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53646 of 2025
                        Arising Out of PS. Case No.-260 Year-2022 Thana- SONEPUR District- Saran
                 ======================================================
                 Kundan Kumar @ Kush Kumar S/O Harindra Mahto @ Harendra Mahto R/O
                 Village- Sabalpur, Chaitol, P.S - Sonpur, District- Saran.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Dharmendra Mahto S/O Bualal Singh R/O Village- Sabalpur, Purani
                 Chaitola, P.S- Sonpur, Distt.- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Jha
                 For the State            :        Mr. Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   08-01-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail in

                   connection with Sonpur P.S. Case No. 260 of 2022, registered for the

                   offences punishable under Sections 366(A), 379, 34 of the IPC and

                   Sections 4 and 8 of POCSO Act.

                                    3. As per the prosecution case, the informant alleged

                   that on 05.03.2021, his minor daughter and two other girls went

                   missing from their residence while sleeping. Upon discovery, the

                   informant further noted the theft of Rs. 1,05,000/- cash along with

                   gold and silver jewelry worth Rs. 1,50,000/-.

                                  4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in the
             Patna High Court CR. MISC. No.53646 of 2025(5) dt.08-01-2026
                                                         2/2




                       present case. Learned counsel has further submitted that the victim

                       has not supported the prosecution case in her statement recorded

                       under Section 164 of the Cr.P.C rather she stated that the petitioner is

                       devar of her sister, to whom, she has love and affection for four years

                       and she went with the petitioner by her own sweet will. The

                       petitioner is a person of clean antecedent and is in custody since

                       04.04.2025.

                                     5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail.

                                    6.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named be released on bail on

                       furnishing bail bonds of Rs.10,000/- with two sureties of the like

                       amount each to the satisfaction of learned Exclusive Special Judge-

                       cum-Additional Sessions Judge (POCSO), Saran in connection with

                       Sonpur P.S. Case No. 260 of 2022, subject to the condition that the

                       petitioner shall cooperate in the disposal of trial and make himself

                       available as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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