Patna High Court
Sonu Kumar @ Sonu RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on the condition of a bail bond and sureties.
Summary
Sonu Kumar was arrested in connection with a kidnapping allegation involving a 16‑year‑old girl, under sections 140(3) and 96 of the Bharatiya Nyay Sanhita, 2023 and section 12 of the POCSO Act. The informant claimed the girl was taken by the petitioner, but the girl’s statement recorded under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 did not support the prosecution. The petitioner, who has no prior criminal record, had been in custody for six months and a chargesheet had been filed. The State opposed bail, citing the seriousness of the offence and the driver’s testimony linking the petitioner to the crime. The Court, after considering the victim’s non‑supportive statement, the petitioner’s clean record and the length of custody, ordered regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused under sections 140(3) and 96 of the Bharatiya Nyay Sanhita and section 12 of the POCSO Act despite the kidnapping allegation.
- Whether the victim’s statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which does not support the prosecution, affects the bail decision.
- Whether the petitioner’s lack of criminal antecedent and the six‑month pre‑trial detention justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyay Sanhita, 2023 — s. 140(3), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12
Subjects
- bail
- kidnapping
- minor
- POCSO Act
- Bharatiya Nyay Sanhita
- criminal procedure
- victim statement
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90715 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- AKBARNAGAR District- Bhagalpur
======================================================
Sonu Kumar @ Sonu Raj S/o Rajesh Yadav Resident of Village- Sri Rampur
Tanti Tola, Police Station- Akbar Nagar, Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Afsana Begam W/o Md. Sattar R/o vill - Rashidpur Akbar Nagar, ward no.
3, P.S.- Akbar Nagar, Distt.- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
For the Informant : Ms. Ayushi Choudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Akbar Nagar P.S.Case
no. 89 of 2025 registered under sections 140(3) and 96 of the
Bhartiya Nyay Sanhita, 2023 and section 12 of the POCSO Act.
3. As per the prosecution case, the informant states
that her 16 years old daughter who had gone to school was
called from the classroom by two girls namely Varsha Kumari
and Muskan Kumari. Thereafter, she did not return home. On
inquiry, it transpired that the petitioner was one of the teachers
in a coaching class where her daughter used to study and had
threatened 15 days back that he would forcibly take her away.
Patna High Court CR. MISC. No.90715 of 2025(3) dt.19-03-2026
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His vehicle was seen near the school. As such the informant
apprehends that he has kidnapped her.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The daughter
of the informant returned and her statement was recorded under
section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023
wherein she has not supported the prosecution case. The
petitioner is in custody since 4.9.2025 and has no criminal
antecedent. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned
counsel for the State and learned for the informant. Learned
counsel for the informant submits that there is direct allegation
against the petitioner of having kidnapped the 16 years old
minor daughter of the informant. The driver of the vehicle in
which the daughter of the informant was taken away, has
supported the prosecution case of having acted on the
instructions of the petitioner.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the contents of the
statement of the victim recorded under section 183 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner having
Patna High Court CR. MISC. No.90715 of 2025(3) dt.19-03-2026
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remained in custody for 6 months, not having any criminal
antecedent and chargesheet having been submitted in the case,
the Court directs the petitioner to be enlarged on bail in connection
with Akbar Nagar P.S.Case no. 89 of 2025 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Court of POCSO-cum-District and Additional Sessions Judge-
VI, Bhagalpur.
(Partha Sarthy, J)
Bibhash
U T
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