Patna High Court
Suddu Kumar @ Sudu Thakur @ Sudu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail, subject to bond and conditions, as the allegations do not warrant denial of bail.
Summary
The petitioner, Suddu Kumar, an 18‑year‑old student, was charged under Sections 137(2) and 96 of the Bihar Negotiable (BNSS) Act and Sections 8 and 17 of the POCSO Act for allegedly administering a sedative‑laced sweet to a minor girl and kidnapping her. He claimed innocence, arguing that the minor returned voluntarily, her statement was recorded after a delay, and that he was unaware of the legal ramifications due to his age. The State opposed bail, but the court noted the petitioner’s young age, lack of prior criminal record, the four‑day delay in the victim’s statement, and the absence of evidence of aggravated sexual assault. Considering these factors, the court found a prima facie case for bail. Accordingly, the court ordered the petitioner’s release on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of his antecedents.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged sedative administration and kidnapping under Sections 137(2), 96 of the BNSS and Sections 8, 17 of the POCSO Act.
- Whether the age of the accused and victim, the delay in recording the victim’s statement, and the lack of aggravated assault evidence justify denial of bail.
- Whether the petitioner’s clean antecedent and lack of prior convictions warrant the grant of bail.
Legislation cited
- Bihar Negotiable (BNSS) Act — s. 137(2), 482(2), 96
- Protection of Children from Sexual Offences Act — s. 17, 8
Subjects
- pre‑arrest bail
- POCSO
- minor
- sedative
- kidnapping
- age factor
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7061 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
Suddu Kumar @ Sudu Thakur @ Sudu Kumar, Son of Om Prakash Thakur,
Resident of vill-Tikri, PS-Hussainganj ,Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y Resident Of Village- Pratappur, Ps- Hussainganj, Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 24-06-2026 Heard Mrs. Kumari Anupam, learned counsel
appearing on behalf of the petitioner and Mr. Bharat Bhushan,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Hussainganj P.S. Case No. 271 of 2025 registered for the
offence punishable under Sections 137(2), 96 of the BNS and
Sections 8/17 of the POCSO.
3. As per the allegation made in the FIR, the
petitioner, along with the other co-accused persons, allegedly
administered a sedative-laced laddoo (sweet) to the informant's
minor daughter, due to which, she became unconscious and
subsequently kidnapped her with the intention of committing a
wrongful act.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Petitioner is aged about 18
Patna High Court CR. MISC. No.7061 of 2026(4) dt.24-06-2026
2/3
years and he is a student. The minor victim girl returned back on
18.07.2025 and her statement under Section 183 BNSS was
recorded on 22.07.2025, as such, there is every possibility that
the minor daughter of the informant might have been tutored.
Learned counsel further submits that the petitioner has just
emerged as an adult being aged about 18 years and the victim is
aged about 17 years and at this stage, natural attraction for the
opposite sex cannot be denied coupled with the several
psychological and physiological change a person undergoes. He
further submitted that the petitioner, at this tender age, was
unaware of the rigors of the POCSO Act and the legal
consequences arising out of a relationship with a minor. The
petitioner has clean antecedent. On these grounds, petitioner
seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties and having perused the allegation made in the FIR,
as well as, considering the age of the petitioner and the victim,
who are student and known to each other. At the petitioner age,
who has just emerged as an adult, is not expected to know the
rigors of the wrong act, which is alleged against him. At the
Patna High Court CR. MISC. No.7061 of 2026(4) dt.24-06-2026
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same time, considering four day delay, it become possible that
the victim may have been tutored by her parents and medical
report don't show sign of any aggravated sexual assault. I am of
the opinion that petitioner has, prima facie, made out a case to
be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, 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 District Court where the
case is pending, in connection with Hussainganj P.S. Case No.
271 of 2025, subject to the condition as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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