Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13317 of 2026 Arising Out of PS. Case No.-40 Year-2025 Thana- Chakmesi District- Samastipur ====================================================== Suman Kumar S/o Manoj Sharma, R/o Village - Masum Nagar Chakmehsi, P.S- Chakmehsi, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

XXXX YYYY R/o Village - Masum Nagar Chakmehsi, P.S- Chakmehsi, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate.

Ms. Rani Shashi Bharti, Advocate.

For the State :

Mr. Ahmad Ali, A.P.P.

For the O.P. No.2 :

Mr. Ashok Kumar, Advocate.

Ms. Sunidhi Vimal, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-05-2026

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2.

2. The petitioner apprehends his arrest in connection with Chakmeshis P.S. Case No.40 of 2025 instituted under Sections 126(2), 127(2), 115(2), 76, 78 of the B.N.S., 2023 and Sections 8, 10 of the POCSO Act.

3. As per the prosecution case, when the daughter of the informant had gone to bring cattle feed from the field, the petitioner misbehaved with her and thrashed her down, on alarm one Muneshwar Sah came and saved her, thereafter the

Patna High Court CR. MISC. No.13317 of 2026(3) dt.06-05-2026 2/3 petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that there is delay in lodging the F.I.R. without any plausible explanation. Learned counsel submits that the victim had cut the standing crop of the petitioner, due to this reason, some altercation and exchange of hot words taken place between the parties and after intervention of the local farmers, the matter was resolved, however, the informant with ulterior motive lodged the case against the petitioner but after realizing the correct fact, a compromise petition has been filed before the learned Court concerned. He further submits that petitioner is a young boy of 18 years, having got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

5. Learned counsel for the opposite party no.2 conceded the fact that due to some misunderstanding, the present case has been lodged against the petitioner.

6. Learned A.P.P. for the State submits that appropriate order may be passed.

7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as his

Patna High Court CR. MISC. No.13317 of 2026(3) dt.06-05-2026 3/3 clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Samastipur/ concerned Court in connection with Chakmehsi P.S. Case No.40 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T