Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6497 of 2026 Arising Out of PS. Case No.-239 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Kundan Kumar S/O Sri Raj Kumar Rai R/O Village- Hakimbad, P.S- Mufassil Samastipur, Distt.- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Chote Lal Choudhary S/O Late Ramji Choudhary R/O Village- Hakimbad, P.S- Muffasil Samastipur, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivam, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP For the Informant :

Mr.Hemant Ray, Adv.

Mr.Sharad Kumar Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Samastipur Muffasil P.S. Case No. 239 of 2023 instituted for the offences under Sections 363, 366-A, 504 and 34 of the I.P.C and Sections 8 and 17 of the POCSO Act.

3. The allegation is that the petitioner kidnapped the minor daughter of the informant. The instant case being Samastipur Muffasil P.S. Case No. 239 of 2023 was lodged. In her statement under Section 183 of BNSS the lady has not alleged any sexual misconduct against the petitioner.

4. Learned counsel for the petitioner reveals that after completing 18 years, the girl married with the petitioner again. The petitioner is in custody since 14.07.2025 and has got one

Patna High Court CR. MISC. No.6497 of 2026(4) dt.05-05-2026 2/2 criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the Informant Mr. Hemant Rai has vehemently opposed the prayer for grant of bail to the petitioner stating therein that at the time when the girl was admittedly a minor and thus a case of kidnapping was made out.

6. Considering the marriage of the parties, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VI cum Special Court POCSO, Samastipur/concerned Court in connection with Samastipur Muffasil P.S. Case No. 239 of 2023.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) abhishekkr/- U T