Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court denied regular bail to the petitioner, holding that the seriousness of the offences and the victim's statement warrant continued custody.
Summary
The petitioner, Sonu Kumar, was charged with sexual assault of a minor under Sections 329(3), 351(2), 69 and 3(5) of the BNS Act and Sections 4, 6 and 17 of the POCSO Act, allegedly committing the offence by promising marriage. The victim, a minor, gave a statement under Section 164 of the Criminal Procedure Code that corroborated the prosecution's case, and the trial court confirmed the victim's minority at the time of the alleged incident. The petitioner applied for regular bail, arguing his right to liberty, while the State opposed on grounds of the seriousness of the offence and the victim's testimony. The High Court examined the gravity of the charges, the victim's statement, and the potential for tampering with evidence, concluding that bail would be inappropriate. Consequently, the court rejected the bail application and directed the trial court to expedite the trial within one year of the order.
Issues considered
- Whether regular bail can be granted to the accused in a case involving sexual assault of a minor under the POCSO Act and related provisions.
- Whether the victim's statement under Section 164 CrPC and the seriousness of the offences justify denial of bail.
Legislation cited
- BNS Act — s. 329(3), 3(5), 351(2), 69
- Code of Criminal Procedure, 1973 — s. 164
- POCSO Act — s. 17, 4, 6
Subjects
- regular bail
- sexual assault
- minor
- POCSO Act
- CrPC Section 164
- bail denial
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87447 of 2025
Arising Out of PS. Case No.-387 Year-2024 Thana- TRIVENIGANJ District- Supaul
======================================================
Sonu Kumar S/O Sanjay Sardar Resident of Village- Yogiyachahi, Ward No.
06, Police Station - Triveniganj, District - Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shanti Devi W/O Uttam Lal Sardar R/O Village- Yogiyachahi, Ward No. 6,
P.S- Triveniganj, Distt.- Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offences punishable under Sections 329 (3), 351 (2),, 69
and 3(5) of BNS and 4, 6and 17 of POCSO Act.
3 . As per F.I.R. petitioner is said to have committed
sexual assault with the victim ( minor ) on the false promise of
marriage .
4. The victim in her statement recorded under section
164 of Cr. PC has supported the prosecution case . The trial
Court has also found the victim minor on the alleged date of
occurrence .
5 . Considering the seriousness and nature of
Patna High Court CR. MISC. No.87447 of 2025(2) dt.27-01-2026
2/2
accusation , 164 Cr. PC statement of the victim and gravity of
offence and other circumstances of the case , the prayer of
petitioner for regular bail is rejected. However, since petitioner
is in custody since 14.02.2025 , learned Trial Court is directed
to expedite and conclude the trial, within the period of one year
from the date of receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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