Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sonu Kumar, applied for regular bail in a case registered under Sections 137(2) and 140(3) of the BNS concerning the alleged enticement of a minor girl by the petitioner and a co‑accused. The prosecution alleged that the petitioner, in league with Toni Kumar, lured the minor daughter of an informant for ulterior motives. The petitioner’s counsel argued that the victim’s statement under Section 183 of the BNSS indicated that she went with the petitioner voluntarily out of love and affection. The State opposed bail but conceded that the victim’s statement did not support the prosecution’s case. Considering the victim’s statement and the circumstances, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to his cooperation in the trial.
Issues considered
- Whether regular bail should be granted to the petitioner for offences under Sections 137(2) and 140(3) of the BNS in view of the victim’s statement under Section 183 of the BNSS.
Legislation cited
- Bihar Negotiable Substances Act (BNS) — s. 137(2), 140(3)
Subjects
- regular bail
- Sections 137(2) BNS
- Section 140(3) BNS
- Section 183 BNSS
- victim statement
- minor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82645 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- Chakia District- Begusarai
======================================================
Sonu Kumar S/o Jogendra Tanti @ Jogo Tanti R/o Village- Pannapur Ward
No.02, P.S- Matihani, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Yadav
For the Opposite Party/s : Mr. J.N Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 24-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 137(2)
and 140(3) of the BNS, registered in connection with Chakia
P.S.Case No. 51 of 2025.
3. As per the prosecution case, the co-accused Toni
Kumar in league with the petitioner, enticed away the minor
daughter of the informant for ulterior motives.
4. The learned counsel for the petitioner has submitted
that the statement of the victim under Section 183 of the BNSS
shows that she had love and affection with the petitioner and she
had gone with the petitioner on her own volition. The petitioner
is in custody since 25.08.2025.
Patna High Court CR. MISC. No.82645 of 2025(4) dt.24-02-2026
2/2
5. On the other hand, Mr. J.N.Thakur, the learned
APP for the State, though has opposed the prayer for bail, but
conceded that the victim did not support the prosecution case in
her statement under Section 183 of the BNSS.
6. Considering the above facts and circumstances, let
the petitioner, above-named, be released on bail on furnishing
bail bond of Rs. 10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate Begusarai in in connection with Chakia P.S.Case No.
51 of 2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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