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Patna High Court

Sukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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