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Patna High Court

Sonu Kumar @ Gulu Kumar @ Golu @ Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.75572 of 2025(4) dt.10-02-2026
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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
         Patna High Court CR. MISC. No.75572 of 2025(4) dt.10-02-2026
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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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