Patna High Court
Sukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Sukesh Kumar, was accused of kidnapping the minor daughter of an informant with the alleged intent of marrying her, invoking offences under IPC Sections 363, 366‑A and 34, and POCSO Act Section 8. The victim, in a statement recorded under Section 183 of the CrPC, asserted that she left home of her own volition, travelled to Pune and married the petitioner, and the court below had assessed her age as 19 years. The petitioner sought anticipatory bail, claiming a clean antecedent, while the State and the informant opposed the relief. The court considered the victim’s voluntary statement and the age assessment, and concluded that anticipatory bail could be granted subject to strict conditions. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner accused of kidnapping and alleged child marriage under IPC and POCSO provisions?
- Does the victim's voluntary statement under Section 183 CrPC and her age assessment affect the bail decision?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 34, 363, 366-A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- kidnapping
- child marriage
- POCSO Act
- IPC
- victim statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5367 of 2026
Arising Out of PS. Case No.-65 Year-2024 Thana- SURSAND District- Sitamarhi
======================================================
Sukesh Kumar S/O Chandeshwar Mukhiya R/O Village- Narha, Ward No.9,
P.S- Bathnaha, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/O Pundev Yadav R/O Village- Maruki Ward No. 3, P.S- Sursand,
Distt.- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P.
For the O.P. No. 2 : Mr. Mrigendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner, opposite
party no. 2 and learned A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 363, 366-A/34 of Indian
Penal Code and Section 8 of the Protection of Children from
Sexual Offences Act.
3. As per F.I.R., this petitioner, with the help of other
accused persons, kidnapped minor daughter of the informant for
the purpose of marriage.
4. Learned counsel appearing for the petitioner
submits that victim in her statement, recorded under Section 183
BNSS, has denied the prosecution case and has categorically
Patna High Court CR. MISC. No.5367 of 2026(3) dt.21-04-2026
2/2
stated that she on her own will left the house and went to Pune
where she solemnized marriage with this petitioner in a temple.
Learned court below has assessed her age as 19 years. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned I/c-cum-Special
Judge, (POCSO Act), ADJ-VI, Sitamarhi in connection with
Sursand P. S. Case No. 65 of 2024, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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