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Patna High Court

Munna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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