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Patna High Court

Sushant Kumar @ Sun JeeversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.68970 of 2025(4) dt.10-02-2026
                                            3/4




                         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.
            Patna High Court CR. MISC. No.68970 of 2025(4) dt.10-02-2026
                                                        4/4




                      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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