Patna High Court
Sonu Kumar @ Gulu Kumar @ Golu @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the victim’s voluntary statement under BNSS Section 183 negated the prima facie case of kidnapping, and therefore bail was warranted.
Summary
Sonu Kumar was arrested in connection with a case alleging that he kidnapped a 17‑year‑old girl, the informant’s daughter, for illicit intercourse or marriage. The girl’s statement recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) indicated that she left her parents’ home voluntarily and married the petitioner, thereby negating the kidnapping allegation. The petitioner sought bail, arguing that the investigation was complete, a charge‑sheet had been filed, and he had a clean antecedent. The State and the informant opposed bail, but the court found the victim’s statement to be prima facie evidence that the kidnapping charge lacked substance and noted that there was no risk of evidence tampering. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 437(3) and BNSS Section 480(3).
Issues considered
- Whether bail should be granted to the petitioner accused under the Bhartiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act for alleged kidnapping and sexual assault.
- Whether the victim’s voluntary statement under BNSS Section 183 negates the prima facie case of kidnapping and sexual assault.
- Whether the completion of investigation and filing of charge‑sheet eliminates the risk of tampering with evidence, justifying bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita (BNSS) — s. 183, 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 96 read with 3(5)
- Code of Criminal Procedure — s. 437(3)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- bail
- kidnapping
- child marriage
- SC/ST Act
- BNSS
- Criminal Procedure
- victim statement
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75572 of 2025
Arising Out of PS. Case No.-120 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Sonu Kumar @ Gulu Kumar @ Golu @ Golu Kumar, S/o Asharfi Rai,
Resident of Village-Rusulpur Gangti, Police Station-Goraul (Kathara O.P.),
Distt.- Vaishali
... ... Petitioner
Versus
1. The State of Bihar
2. Vijay Paswan, S/o Late Virendra Paswan, R/o village - Rusulpur Gangti,
P.S.- Goraul (Kathara O.P.), Distt.- Vaishali
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Ranjeet Kumar, Advocate
For the State : Mrs. Usha Kumari 1, Spl. P.P.
For the Informant : Mr. Aryamani Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioner and learned
Special Public Prosecutor for the State duly assisted by
learned counsel appearing for the informant.
2. The accused/petitioner seeks bail in connection
with Goraul (Kathara O.P.) P.S. Case No.120 of 2025
registered for the offences punishable under Sections 137(2),
96 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for
short ‘B.N.S.’) as well as Sections 3(1)(r)(s) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)
Act.
3. The accused/petitioner is named in the FIR and is
Patna High Court CR. MISC. No.75572 of 2025(4) dt.10-02-2026
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in custody since 04.04.2025.
4. Allegation against petitioner is to kidnap the
minor daughter of informant aged about 17 years on
10.03.2025 while she went to attend her coaching class along
with other co-accused persons for the purpose of illicit
intercourse/marriage.
5. It is submitted by learned counsel appearing for
petitioner that during course of investigation, after recovery
of victim, her statement was recorded under Section 183 of
the Bhartiya Nagrik Suraksha Sanhita (in short ‘BNSS’),
where she categorically stated that she out of her own sweet
will left her parental house and joined the petitioner out of
their love. It is submitted that the allegation of sexual assault
is also not available against this petitioner rather victim out of
her sweet will solemnized marriage with petitioner and living
happily together. While concluding argument, it is submitted
that investigation of this case is already completed, for which,
charge-sheet has been submitted and, as such, there is no
chances of tampering with the evidence. The petitioner
claimed clean antecedent.
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6. Learned Spl. P.P. opposed the prayer for grant of
bail to the petitioner.
7. Mr. Aryamani Kumar, learned counsel appearing
for informant while opposing the prayer of bail could not
disputed the aforesaid factual submissions as advanced by
learned counsel appearing for petitioner and submitted that
the matter has now been compromised between the parties.
8. In view of aforesaid factual submissions and by
taking note of fact as victim prima facie negates the allegation
of kidnapping and sexual assault through her statement
recorded under Section 183 of the BNSS against petitioner,
coupled with the fact that investigation of this case is already
completed, where petitioner remains in custody since
04.04.2025, accordingly, the petitioner, above-named, is
directed to be released on bail furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
District and Sessions Judge-VI-cum-Special Judge, POCSO,
Vaishali at Hajipur in connection with Goraul (Kathara O.P.)
P.S. Case No.120 of 2025, subject to the conditions as laid
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down under Section 437(3) of the Code of Criminal Procedure
(for short ‘CrPC’)/under Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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