Patna High Court
Md. SumitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties, subject to statutory conditions.
Summary
The petitioner, Md Sumit, was arrested on 13-12-2024 in connection with multiple offences under the BNSS, POCSO Act and Immoral Traffic Act, alleged to have forced a girl into immoral activities. He contended that the police failed to prepare an arrest memo as required by Section 47 of the BNSS, rendering the arrest illegal, and that the victim's statement under Section 183 showed she was rescued from West Bengal, not his residence, indicating a false case. The petitioner also highlighted that the investigation was complete and a charge‑sheet had been filed, and he has a clean antecedent. The State opposed bail. The Court, noting the doubtful recovery place, the lengthy pre‑trial custody and the completed investigation, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. 437(3) and BNSS 480(3).
Issues considered
- Whether the arrest of the petitioner violated the mandatory requirement of an arrest memo under Section 47 of the BNSS.
- Whether bail should be granted despite the serious nature of the offences and the duration of pre‑trial detention.
- Whether the victim's statement under Section 183 creates reasonable doubt about the prosecution's case.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 437(3)
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act (POCSO) — s. 4, 6
Subjects
- bail
- arrest memo
- Section 47
- Section 183
- POCSO
- Immoral Traffic Act
- criminal procedure
- false accusation
- custodial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79273 of 2025
Arising Out of PS. Case No.-741 Year-2024 Thana- PURNEA SADAR District- Purnia
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Md. Sumit S/O Md. Muslim @ Md. Mustakim R/O Vill.- Red Light Area
Abdulla Nagar, Katihar More, P.S.- Sadar, District- Purnea ... ... Petitioner/s
Versus
1. The State of Bihar
2. Ajay Kumar S/O Late Anutha Ram R/O Vill.- Kodalhiya Hariyanayan, P.S.-
Harinarayan Mahindwara, Dist.- Sitamarhi ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Sadar
P.S. Case No. 741 of 2024, registered for the offence under
Sections 127(6), 140(4), 143, 145, 64, 61, 352, 351(2) and 3(5)
of the BNS, Sections 4 and 6 of the POCSO Act and Sections 3, 5,
4 and 6 of the Immoral Traffic Act.
3. The accused/petitioner is named in the F.I.R. and is
in custody since 13.12.2024.
4. The allegation against the petitioner is to push victim
girl, in immoral activities, where she was rescued by the informant
being SHO of Purnea Sadar on police raid made on 13.12.2024 at
6.30 AM.
5. Learned counsel appearing on behalf of the petitioner
submitted that police while arresting this petitioner failed to
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prepared any arrest memo in terms of Section 47 of the BNSS
and, therefore, in want of non-compliance of said mandatory
provisions, the arrest of petitioner is bad in eye of law and in
support of same, the learned counsel relied upon the legal report
of Hon’ble Supreme Court as available through Vihaan Kumar
Vs. State of Haryana and Another reported in (2025) 5 SCC
799. It is pointed out that as per statement of the victim recorded
under Section 183 of the BNSS, it transpires that she was
recovered from Panjipara in the State of West Bengal, which
completely falsifying the case against the petitioner that upon
police raid victim was recovered from the house of the petitioner at
Purnea. It is pointed out that victim left her home on her own. It is
pointed out that on request of victim, help was extended by this
petitioner to her and she was assured for a secure return to home.
It is submitted that this fact also surfaced while recording the
statement of Section 183 of the BNSS of the victim. It is also
submitted that on the basis of secret information, this petitioner
was implicated falsely with present case. While concluding the
argument, it is submitted that investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence and, moreover,
petitioner is a man of clean antecedent.
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6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by
taking note of fact as prima facie out of statement of victim as
recorded under Section 183 of the BNSS, the place of her recovery
appears doubtful, as she was recovered upon police raid from the
house of this petitioner at Purnea, coupled with the fact as
investigation of this case is already completed, where petitioner
remains in custody since 13.12.2024, accordingly, petitioner
above named, is directed to be released on bail in connection with
Sadar P.S. Case No. 741 of 2024 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned 06 th -cum-Special Judge
(POCSO), Purnea/concerned Court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of
BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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