Patna High Court
Chunnu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court exercised its inherent powers under Section 482(2) to grant bail to the petitioner.
Summary
The petitioner, Chunnu Kumar, was arrested in connection with a case alleging kidnapping and sexual assault of a 15‑year‑old girl under Sections 363, 366(A) IPC and Section 8 of the POCSO Act. The victim later gave a statement under Section 164 CrPC stating she went with the petitioner of her own free will, denied any kidnapping or sexual relationship, and the police submitted a closure report. The learned magistrate, however, had taken cognizance of the offence. The petitioner sought bail, while the State opposed it. The court noted the victim’s denial, the police closure report, and the lack of evidence, and exercised its inherent powers under Section 482(2) to grant bail on condition of a bond and sureties. The bail order was directed to be executed by the trial court.
Issues considered
- Whether bail should be granted in a case where the alleged victim denies the kidnapping and sexual assault allegations.
- Whether the police closure report and victim’s statement under Section 164 CrPC negate the basis for continued detention.
- Whether the court can exercise its inherent powers under Section 482(2) to release the petitioner on bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164, 482(2)
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- kidnapping
- child sexual abuse
- POCSO
- bail
- victim consent
- closure report
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7459 of 2025
Arising Out of PS. Case No.-169 Year-2023 Thana- PIPRA District- East Champaran
======================================================
Chunnu Kumar S/O Raju Ram Resident of village - Vediban, Madhuban, P.S-
Pipra, District- East Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Vinita Devi W/O Jitu Ram Resident of village - Vediban, Madhuban, P.S-
Pipra, District- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 20-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Pipra P.S. Case No. 169 of 2023 registered for
the offences punishable under Sections 363, 366(A) of the Indian
Penal Code and Section 8 of POCSO Act.
3. The allegation against the petitioner is to kidnap the
minor daughter of the informant aged about 15 years from her
home in early morning while she was sleeping and seduced/ forced
her to enter into illicit intercourse or marriage with another person.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that out of acquaintance on request of the
Patna High Court CR. MISC. No.7459 of 2025(7) dt.20-01-2026
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daughter of the informant, the petitioner with her visited Delhi and
when they came to know about lodging of this case, the daughter
of the informant returned from there. It is submitted that during
course of investigation, the statement of victim was recorded
under Section 164 of Cr.P.C., where she categorically stated that
she went with petitioner out of her own sweet will. She completely
denied the allegation of kidnapping and said that they returned on
15th of June, 2023. She also denied to have any physical
relationship or to solemnize marriage with petitioner.
5. While arguing further, it is submitted that police
submitted final form against petitioner considering mistaken of
fact but by taking a different note, the learned Jurisdictional
Magistrate took cognizance against the petitioner vide order dated
01.08.2025.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact as the victim totally denied kidnapping or any
sexual assault being minor against petitioner, coupled with the fact
that police submitted closure report against petitioner, accordingly,
above named petitioner, in the event of his arrest or surrender
before the learned trial Court, within a period of four weeks of the
order, is directed to be released on bail furnishing bail bond of Rs.
Patna High Court CR. MISC. No.7459 of 2025(7) dt.20-01-2026
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10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned 7th Additional
Sessions Judge Cum Special Judge POCSO Act,
Motihari/concerned Court, where the case is pending in connection
with Pipra P.S. Case No. 169 of 2023 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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