Patna High Court
Sundar Kumar @ Shyam SundarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that pre‑arrest bail could not be granted and dismissed the bail application.
Summary
The petitioner, Sundar Kumar, was implicated in a case registered under Section 96 of the Bihar Negotiable Instruments Act (BNS) and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act. The prosecution alleged that on 31 May 2025, the petitioner lured the informant's minor daughter with the intention of marriage, subsequently abandoning her at Sasaram Railway Station. Fearing arrest, the petitioner applied for pre‑arrest bail. The High Court, after hearing counsel for both sides, considered the seriousness of the allegations and the protection of the minor. Concluding that the nature of the accusation warranted continued custody, the court rejected the bail application.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged child sexual offences under the POCSO Act and a financial offence under the BNS Act.
Legislation cited
Subjects
- pre‑arrest bail
- POCSO Act
- child sexual abuse
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63800 of 2025
Arising Out of PS. Case No.-452 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Sundar Kumar @ Shyam Sundar S/O Vinod Kumar @ Vinod Prasad R/O
Village- Mai, P.S- Kako, Distt.- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangita Devi W/o Ritesh GIri R/o Vill- Mai, Post Nauru, P.S. - Kako, Distt.-
Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar , Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 96 of BNS and 8 / 12 of
the POCSO Act.
3 . As per the prosecution case , informant alleged that
on 31.05.2025 , when minor daughter of informant was
returning from coaching then petitioner came and lured away
her with intention to marry . Later on, daughter of informant
was recovered and she stated that this petitioner left her at
Sasaram Railway station and fled away .
4. Considering the nature of accusation and gravity of
Patna High Court CR. MISC. No.63800 of 2025(4) dt.08-01-2026
2/2
offence and prayer for pre-arrest bail of the petitioner is
rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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