Patna High Court
Sunil Kumar @ Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and specified conditions.
Summary
The petitioner, Sunil Kumar, was implicated in a case involving alleged kidnapping, rape and offences under the POCSO Act concerning a 14‑year‑old girl who disappeared from Khagaria. The petitioner claimed innocence, asserting that the victim voluntarily went to Delhi, later married him, and they have a 14‑month‑old child, and that he has no prior criminal record. The informant’s counsel argued that, since the victim now resides with the petitioner and harbours no grievance, there is no reason to oppose bail. The court examined the victim’s statement, the seriousness of the charges (IPC 366(A), 34, 376 and POCSO 4/6), and the petitioner’s lack of antecedents, and applied its inherent powers under Section 482(2) of the BNSS. Accordingly, the court granted bail subject to a cash bond, sureties and strict conditions regarding court appearances, non‑tampering with evidence and refraining from further offences.
Issues considered
- Whether bail should be granted to the petitioner despite charges under IPC 366(A), 34, 376 and POCSO Act 4/6
- Whether the victim’s voluntary departure and current cohabitation with the petitioner negate the seriousness of the alleged offences
Legislation cited
- Indian Penal Code — s. 34, 366A, 376
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- kidnapping
- rape
- POCSO
- IPC 366A
- IPC 376
- Section 482
- victim testimony
- marriage
- child
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56954 of 2025
Arising Out of PS. Case No.-476 Year-2023 Thana- Mufassil District- Khagaria
======================================================
Sunil Kumar @ Sunil Yadav S/O Dore Rai Resident of village- Rani Begaum,
Ward No.- 07, P.S.- Bachhwara, District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Arhulla Devi W/O Late Ratan Yadav R/O Vill.- Barkhadi Tola, Rahimpur,
Ward No.- 15, P.S.- Muffasil, Dist.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap
For the Opposite Party/s : Mr. Syed Mojibur Rahman
Mr. Dhramveer
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Khagaria (Muffasil) P.S. Case No.476 of 2023, registered for
the offence punishable under Sections 366(A), 34 of the Indian
Penal Code later on under 376 of Indian Penal Code and 4/6 of the
POCSO Act.
3. As per the FIR, on 30.04.2023, the 14-year-old
daughter of the informant went to buy vegetables and did not
return. Upon enquiry, the informant came to know that she had
been lured and taken to Delhi by the petitioner and others.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
Patna High Court CR. MISC. No.56954 of 2025(4) dt.21-01-2026
2/3
present case. It is further submitted that the victim has been
recovered and, in her statement, has stated that she went to Delhi
of her own volition and, under the pretext of purchasing
vegetables, left her house at Khagaria and went to Delhi along
with the petitioner. It is further submitted that she has married the
petitioner and that they have a child aged about 14 months. Lastly,
it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, learned counsel for the
informant submits that since the victim had gone to Delhi of her
own accord and is presently residing with the petitioner, and as
she has no grievance at present, the informant has no reason to
oppose the bail application of the petitioner.
6. Considering the facts and circumstances of the
case, let the above named petitioner, be released on bail, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Khagaria/Successor Court in connection with
Khagaria (Muffasil) P.S. Case No.476 of 2023, subject to the
conditions as laid down under Section 482(2) of the BNSS as well
as the following conditions:
Patna High Court CR. MISC. No.56954 of 2025(4) dt.21-01-2026
3/3
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of
his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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