Patna High Court
Kunj Bihari KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail petition was dismissed, as the court found the allegations sufficiently serious to warrant denial of bail.
Summary
The petitioner, Kunj Bihari Kumar, sought anticipatory bail after a FIR alleged that he, along with co‑accused, kidnapped and sexually exploited a 16‑year‑old girl. The victim’s statement under Section 183 of the Bihar Negotiable Instruments Act (BNSS) supported the prosecution, and the trial court assessed the victim as a minor. The offences alleged were under Sections 96 and 70(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. The High Court considered the seriousness of the charges, the victim’s corroborated statement, and the gravity of the alleged crimes. Concluding that the circumstances warranted denial of bail, the court rejected the petitioner’s anticipatory bail application.
Issues considered
- What is the appropriate exercise of discretion by the court in granting or denying anticipatory bail under the circumstances of alleged kidnapping and sexual exploitation of a minor?
- Whether the allegations under Sections 96 and 70(2) of the BNS Act and Sections 4 and 6 of the POCSO Act justify denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 70(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- anticipatory bail
- kidnapping
- sexual exploitation
- minor
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8033 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- Bhopatpur District- East Champaran
======================================================
Kunj Bihari Kumar Son of Rama Sahani Resident of Village- Tirojagadh,
P.S.- Bhopatpur, District- East Champaran (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Daughter of Y Resident of Village- Bhopatpur Baghia, P.S.- Bhopatpur,
District- East Champaran (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari , Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered
for the offences punishable under Sections 96 and 70 ( 2 ) of
Bns and 4/6 of POCSO Act.
3 . As per F.I.R. informant alleged that this petitioner
along with other co-accused persons kidnapped and sexually
exploited her.
4. The victim in her statement recorded under section
183 BNSS has supported the prosecution case and Court below
has assessed the age of the victim as 16 years (minor).
5. Considering the seriousness and nature of
accusation , 183 BNSS statement of the victim and gravity of
Patna High Court CR. MISC. No.8033 of 2026(2) dt.20-02-2026
2/2
offence and other circumstances of the case , the prayer of
petitioner for anticipatory bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…