Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail as the victim voluntarily accompanied him and no force or sexual intercourse was alleged.
Summary
The petitioner, Sunil Kumar, was charged with kidnapping and offences under sections 96 and 64 of the BNS and sections 4 and 6 of the POCSO Act, alleged to have abducted the minor daughter of an informant. The petitioner claimed innocence, asserting that the victim voluntarily went with him, had known him for a year, and even married him, though she later expressed dissatisfaction with the marriage. The victim’s statement recorded under Section 183 of the BNSS indicated no force or sexual intercourse and suggested she was about 19 years old, while the informant contended she was a minor based on a school mark sheet. The court examined the voluntary nature of the victim’s accompaniment and the lack of any allegation of force or sexual assault. Concluding that the circumstances did not justify continued detention, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond with sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the POCSO Act and kidnapping provisions.
- Whether the victim qualifies as a minor for the purposes of the POCSO Act.
- Whether a voluntary statement under Section 183 of the BNSS negates the elements of kidnapping and sexual offences.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 183, 64, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- kidnapping
- POCSO Act
- minor
- voluntary statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91425 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- DHANGAI District- Gaya
======================================================
Sunil Kumar S/O Late Moti Manjhi R/O Village- Belwatand, P.S-
Bodhgaya,Dist- Gaya (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX W/O YYY R/O Vill.- Gatam Beri, Post- Bhadeya, P.O-Dhangi, Dist.-
Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
For the Informant : Mr. Nikhlesh Kumar, Advocate
Mr. Binod Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 96 and 64
of the BNS and Section 4/6 of the POCSO Act.
3. The case of the prosecution is that the petitioner
had kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
during the course of investigation, the victim was recovered and
her statement was recorded under Section 183 of the BNSS
Patna High Court CR. MISC. No.91425 of 2025(4) dt.24-03-2026
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before the Magistrate wherein she has categorically stated that
she met the petitioner on road and both of them voluntarily went
away together to another place. It is further submitted that the
victim was knowing the petitioner for one year and both are
liking each other. It is further submitted that she has solemnized
marriage with the petitioner. However, she has stated that she is
not happy with the marriage and even the petitioner is not happy
with the marriage and they don't want to continue the marriage.
It is further submitted that from perusal of the medical report, it
transpires that the doctor has opined the age of the victim to be
about 19 years Moreover, the petitioner is languishing in judicial
custody since 25.06.2025 having no criminal antecedent.
5. Countering the aforesaid submissions, learned
counsel for the informant submits that the victim is a minor as
per her mark sheet issued by the BSEB and further submits that
the victim is not happy with the marriage.
6. In this case, it is clear from the statement of the
victim recorded under Section 183 of the BNSS that she had
voluntarily accompanied the petitioner of her own free will.
she has not alleged at any stage that any force was used against
her. Furthermore, she has not made any allegation of any
sexual intercourse. It appears that she had gone with him on her
Patna High Court CR. MISC. No.91425 of 2025(4) dt.24-03-2026
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own accord and was subsequently recovered during the course
of investigation.
7. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Dhangai P.S. Case No. 68 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, POCSO cum Additional Sessions
Judge – VII, Gaya JI.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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