Patna High Court
Sushant Kumar @ Sun JeeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Sushant Kumar, was charged with offences under Sections 64, 89 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act for allegedly raping a woman, causing pregnancy and subsequent abortion. The petitioner contended that the victim was an adult above 19 years, that medical evidence showed no recent sexual intercourse, and that the allegations were false, arising from a prior neighbour dispute and a consensual relationship. The State and the opposite party opposed bail, relying on the victim’s statement under Section 183 of the B.N.S.S. and a Zimmanama signed by the victim’s parents. The court noted the continued physical relationship, the adult status of the victim, and the lack of recent medical signs, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to appearing in court on all dates. The order conditions the bail on compliance with the trial process and allows cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape and POCSO offences given the facts and evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 3(5), 64, 89
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- rape
- POCSO
- adult victim
- medical evidence
- Zimmanama
- Section 183
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68970 of 2025
Arising Out of PS. Case No.-234 Year-2025 Thana- GURUA District- Gaya
======================================================
Sushant Kumar @ Sun Jee S/O Sri Ravindra Prasad Singh R/O Village -
Nadaura, P.S- Gurua, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Ashok Choudhary R/O Village - Nadaura, P.S- Gurua, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
: Ms. Vaishnavi Singh, Advocate
: Mr. Ritwik Thakur, Advocate
For the O.P. No.2 : Mr. Yogesh Kumar, Advocate
For the State : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 10-02-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner assisted by Ms. Vaishnavi Singh, learned
Advocate, Mr. Yogesh Kumar, learned counsel for the opposite
party no.2 and Mr. Sadanand Paswan, learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 64, 89 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the
Protection of Children from Sexual Offences Act, 2012
(POCSO Act).
3. The allegation against the petitioner is that when
victim had gone to attend nature’s call at that time petitioner
Patna High Court CR. MISC. No.68970 of 2025(4) dt.10-02-2026
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caught the victim and covered her mouth with gamcha and
raped her forcibly and threatening to kill if she will tell anyone
about this. Later on, he continued to establish physical relation
with her by threatening and she became pregnant.
4. The learned counsel for the petitioner has
submitted that the allegation of commission of rape and the
victim getting pregnant leading to her abortion does not stand
supported by the medical evidence, which is on record. The
medical evidence indicates that there is no recent sign of sexual
intercourse but rape cannot be denied and the age of the victim
is found to be above 19 years. It has further been submitted that
as a matter of fact, both the parties are neighbours and due to
prior dispute, the present case has been falsely lodged upon the
petitioner. Even in the statement recorded under Section 183 of
the B.N.S.S., there is an indication that the petitioner had
offered for marriage as such, it would be also be a possibility of
love affairs between two adults. The conduct of the victim also
appears to be suspicious as according to her own statement,
physical proximity between the petitioner and the victim was
going on since some time. However, the present case has been
lodged only after she became pregnant and abortion was done.
The petitioner is in custody since 25.07.2025.
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5. Learned APP for the State as well as learned
counsel for the opposite party no.2 have opposed the grant of
bail on the ground that the victim has supported the case of the
prosecution under Section 183 of the B.N.S.S.
6. Upon going through the statement of the victim,
it would transpire that the physical relationship had been
continuing for some time. Moreover, a Zimmanama is also
present in the case diary which was signed by the father and
mother of the victim wherein it is stated that they would take
their daughter in safe condition and would not treat her with
cruelty. This very indication in the Zimmanama has certain
serious to tell.
7. Taking into consideration the facts and
circumstances and considering the fact that the relationship
between the petitioner and the victim had continued over a
period of time possibly on pretext of marriage or otherwise and
the medical report showing the victim to be adult, let the above
named petitioner, be released on bail 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 Exclusive
Special Judge POCSO-cum-Additional Sessions Judge-Vii,
Gaya Ji/concerned Court below in connection with Gurua P.S.
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Case No. 234 of 2025 subject to condition that:-
(i) The petitioner is directed to appear in
court on each and every date, till the framing of charge,
if it has not been framed yet and further cooperate in the
trial, failing which his bail bonds shall be liable to be
cancelled by the learned court concerned.
(Soni Shrivastava, J)
anand/-
U T
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