Patna High Court
Sonu Kumar @ Sonu Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Sonu Kumar, was arrested in connection with a case alleging that he enticed a minor girl for marriage, invoking several offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case rests on the allegation of enticement, while the victim’s statement indicates she married the petitioner without any physical relationship and medical examination found no evidence of sexual assault. The petitioner argued innocence, highlighted a four‑day delay in filing the FIR, and pointed out the lack of specific evidence and his clean criminal record. The State opposed bail, citing the seriousness of the charges. Considering the absence of concrete evidence, the victim’s supportive statement, the delay in FIR, and the petitioner’s custody period, the Court granted bail with a bond of Rs.15,000 and two sureties, subject to conditions of family surety and regular court appearances.
Issues considered
- Whether the allegations under Sections 126(2), 115(2), 137(2), 96, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 constitute a bailable offence.
- Whether the four‑day delay in lodging the FIR affects the grant of bail.
- Whether the victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the lack of medical evidence justify bail.
- Whether the petitioner’s period of custody and lack of prior criminal antecedents warrant the release on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 137(2), 3(5), 351(2), 352, 96
Subjects
- bail
- minor
- enticing for marriage
- Bharatiya Nyaya Sanhita
- criminal procedure
- victim statement
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80712 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- KHIRHAR District- Madhubani
======================================================
Sonu Kumar @ Sonu Kumar Rai S/O Late Ram Singar Rai Resident of
Village- Khirhar, P.S.-Khirhar, District- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sumintra Devi W/O Ram Sevak Mukhiya Resident of Village- Khirhar, P.S.-
Khirhar, District- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Khirhar P.S. Case No. 51 of 2025, instituted for the offences
punishable under Sections 126(2), 115(2), 137(2), 96, 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner
has enticed away informant’s minor daughter with an intention
to marry her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.80712 of 2025(5) dt.13-03-2026
2/3
Learned counsel for the petitioner also submits that there is
delay of four days in lodging the FIR. The allegation levelled
against the petitioner is general and omnibus in nature. It is next
submitted that the victim has not supported the prosecution case
in her statement recorded under Section 183 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and has submitted that she has
solemnized marriage with the petitioner but no any physical
relation has been made. It is further submitted that the victim
girl was medically examined by the doctor and her age was
found to be about 17 years and no medical evidence of sexual
assault was found on the person of victim girl. The petitioner is
in custody since 19.06.2025 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Patna High Court CR. MISC. No.80712 of 2025(5) dt.13-03-2026
3/3
Court in connection with Khirhar P.S. Case No. 51 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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