Sukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5367 of 2026 Arising Out of PS. Case No.-65 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Sukesh Kumar S/O Chandeshwar Mukhiya R/O Village- Narha, Ward No.9, P.S- Bathnaha, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX S/O Pundev Yadav R/O Village- Maruki Ward No. 3, P.S- Sursand, Distt.- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, A.P.P.

For the O.P. No. 2 :

Mr. Mrigendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2026 Heard learned counsel for the petitioner, opposite party no. 2 and learned A.P.P. for the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 366-A/34 of Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

3. As per F.I.R., this petitioner, with the help of other accused persons, kidnapped minor daughter of the informant for the purpose of marriage.

4. Learned counsel appearing for the petitioner submits that victim in her statement, recorded under Section 183 BNSS, has denied the prosecution case and has categorically

Patna High Court CR. MISC. No.5367 of 2026(3) dt.21-04-2026 2/2 stated that she on her own will left the house and went to Pune where she solemnized marriage with this petitioner in a temple. Learned court below has assessed her age as 19 years. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering statement of the victim recorded under Section 183 BNSS, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 I/c-cum-Special Judge, (POCSO Act), ADJ-VI, Sitamarhi in connection with Sursand P. S. Case No. 65 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Prabhat Kumar Singh, J) Navya/- U T