Patna High Court
Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Sushil Kumar, a Panchayat Samiti Member, was arrested in connection with a case registered under Sections 366(A) and 34 of the IPC alleging that he abducted and intended to marry the 15‑year‑old daughter of an informant. The petitioner claimed innocence, asserting that the minor had voluntarily married him and was residing with him. The victim appeared via video link, presented her Aadhaar card, and affirmed that she had solemnised a marriage with the petitioner and was living in his house. After considering the victim's statement and the circumstances, the court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties and directed his release on regular bail, subject to cooperation with the trial. The order also imposed the condition that the petitioner remain available as required by the court.
Issues considered
- Whether regular bail can be granted to an accused under Sections 366(A) and 34 of the IPC in a case involving alleged abduction and attempted marriage of a minor.
Legislation cited
Subjects
- regular bail
- IPC Section 366A
- IPC Section 34
- POCSO
- child marriage
- abduction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61608 of 2025
Arising Out of PS. Case No.-318 Year-2023 Thana- KONCH District- Gaya
======================================================
Sushil Kumar S/o- Subodh Paswan Village- Digghi PS- Konch District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Devi W/o- Yogendra Yadav Village- Digghi PS- Konch District-
Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar
For the State : Mr. Nirmal Kumar Sinha
For the Informant : Mr. Ranjeet Kumar Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 22-01-2026 Heard the learned counsel for the petitioner as well as
informant and the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with
Konch P.S. Case No. 318 of 2023, registered for the offences
punishable under Sections 366(A)/34 of the IPC.
3. As per the prosecution case, on 06.07.2023, the
informant’s 15 year old daughter went missing. It is alleged that the
petitioner, a Panchayat Samiti Member, induced and abducted the
minor victim with the intent to marry her.
4. The learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in this case.
As a matter of fact, there was love and affection between the victim
and the petitioner. The victim has solemnized marriage with the
Patna High Court CR. MISC. No.61608 of 2025(6) dt.22-01-2026
2/2
petitioner and is residing with him in her matrimonial house. He has
also submitted that the petitioner is under custody since 27.05.2025.
5. On submission of learned counsel, the victim was
directed to appear through virtual mode.
6. The victim appeared through virtual mode with her
Aadhar Card and stated that she has solemnized marriage with the
petitioner, Sushil Kumar and is residing in his house.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to furnish
bail bond and on doing so, the court below shall release the petitioner
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, POCSO-cum-Additional Sessions Judge-VII, Gaya in
connection with Konch P.S. Case No. 318 of 2023, subject to the
following conditions 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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