Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The Patna High Court considered a bail application filed by Munna Kumar, who was arrested in connection with a POCSO case involving alleged sexual relations with an 18‑year‑old girl under the pretext of marriage and the viral dissemination of objectionable photographs. The FIR listed serious offences under the IPC, POCSO Act, IT Act and Arms Act. The victim’s statement recorded under Section 183 of the BNSS indicated that she voluntarily went with the petitioner, married in Delhi, and there were no recent signs of sexual assault as per the medical report. The petitioner, aged 21 with no prior criminal record, had been in judicial custody since December 2024, and the victim had not supported the prosecution during trial. Weighing the victim’s statement, the medical report, and the lack of cooperation from the informant, the Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of personal appearance in court and immediate deletion of the objectionable photographs.
Issues considered
- Whether bail should be granted in a POCSO case involving multiple serious offences given the victim’s age and statement.
- Whether the existence of objectionable photographs/video affects the grant of bail.
- Whether the victim’s lack of cooperation with the prosecution influences bail considerations.
Legislation cited
- Arms Act — s. 30
- BNSS — s. 183
- Indian Penal Code — s. 323, 34, 342, 363, 376, 506
- Information Technology Act — s. 66C, 66D, 66E, 67, 67B
- Protection of Children from Sexual Offences Act — s. 12, 14, 6, 8
Subjects
- bail
- POCSO
- sexual offences
- cyber crime
- objectionable photographs
- victim statement
- IT Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67459 of 2025
Arising Out of PS. Case No.-47 Year-2024 Thana- Cyber P.S. District- Buxar
======================================================
Munna Kumar S/O Tulsi Chouhan @ Tulsi Chaudhri R/at Vill.- Karari, P.S.-
Baddi, Dist.- Rohtas. Permanent Add. Vill.- Patadi, P.S.- Baddi, Dist.- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ms. X D/O Y R/O Vill. and P.o.- Nawanagar, Ward no. 09, P.S.- Nawanagar,
Dist.- Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Roy, Adv.
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with POCSO Case No.34 of 2025
arising out of Buxar Cyber P.S. Case no.47 of 2024 registered
under sections 376, 363, 342, 506, 323 and 34 of IPC and
Section 6, 8, 12 and 14 of POCSO Act and 66C, 66D, 66E, 67
and 67B of I.T. Act, and Section 30 of the Arms Act.
3. Allegation in the F.I.R is that petitioner had
established physical relations with the victim on the pretext of
marriage and also made some objectionable video viral.
4. Learned counsel for the petitioner submits that the
present case arises out of a love relationship between the
petitioner and the victim. The statement of the victim was
Patna High Court CR. MISC. No.67459 of 2025(6) dt.20-02-2026
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recorded under Section 183 of BNSS wherein she has
categorically stated that she was in touch with the petitioner
through Facebook and had voluntarily gone with him to Delhi
where they solemnized marriage. It is further submitted that the
medical report of the victim indicates that her age is about 18
years and no recent signs of sexual assault were found. Learned
counsel for the petitioner submits that even during the course of
trial, the informant/victim has not supported the case of the
prosecution. It is also submitted that the petitioner is a young
boy aged about 21 years having no criminal antecedents and he
is in judicial custody since 16.12.2024. The petitioner
undertakes to cooperate in the case/trial.
5. The prayer for bail has been opposed by the learned
A.P.P. for the State as well as the learned counsel appearing on
behalf of the informant. It is submitted by the learned counsel
for the informant, referring to the bail rejection order, that the
petitioner had made certain objectionable photographs of the
informant viral and that the same has not yet been deleted.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the statement of
the victim recorded under Section 183 of BNSS and during trial,
coupled with the medical report indicating her age to be 18
Patna High Court CR. MISC. No.67459 of 2025(6) dt.20-02-2026
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years with no sign of recent sexual assault, the petitioner is
directed to be enlarged on bail in connection with POCSO Case
No.34 of 2025 arising out of Buxar Cyber P.S. Case no.47 of
2024 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 Court concerned where the case is
pending/successor Court, subject to the following conditions:-
(I) The petitioner shall remain physically present in
the learned trial Court on each date fixed and in case of absence
on two consecutive dates without sufficient reasons, the learned
trial Court would be at liberty to cancel the bail bonds of the
petitioner.
(II) The petitioner is strictly directed to delete the
objectionable photographs of the victim from all electronic
devices and social media platforms under his control
immediately upon his release from judicial custody.
(Soni Shrivastava, J)
Harsh/-
U T
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