Abhinay Kumar @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15456 of 2026 Arising Out of PS. Case No.-189 Year-2025 Thana- PURAINI District- Madhepura ====================================================== Abhinay Kumar @ Golu Kumar S/o Sanjay Kumar @ Sanjay Kumar Paswan R/o vill - Durgapur, P.S.- Puraini, Distt.- Madhepura, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XX D/o - YY R/o - Durgapur, Ward no. -03, P.S.- Puraini, Distt.- Madhepura.

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Akash Anand, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Puraini P.S. Case No.189 of 2025 registered for the offence punishable under Sections 64, 87 & 3(5) of the BNS and under Sections 4 & 8 of the POCSO Act.

3. The case of the prosecution, in short, is that the petitioner has taken away the informant with a minor girl to Delhi and has promised her to marry. It is further alleged that the petitioner has established physical relationship with the victim on the false promise of marriage.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.15456 of 2026(6) dt.17-06-2026 2/3 petitioner has submitted that during course of investigation the victim has given her statement under Section 183 of the BNSS wherein she has stated that she went with the petitioner to Delhi, they alighted at Kanpur and then they went to the room of a friend. She further stated that the petitioner has refused to marry her. From the statement of the victim it is clear that only allegation against the petitioner is that the victim went with the petitioner to Delhi, they alighted at Kanpur and that the petitioner is not ready to marry with the victim. It has further been submitted that the story of establishing physical relationship falsifies by the statement of victim recorded under Section 183 of the BNSS and the victim herself has returned when the petitioner refused to marry her. It has lastly been submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 23.12.2025.

5. In this case, notice was issued to opposite party no.2 but no one has appeared.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.15456 of 2026(6) dt.17-06-2026 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned District and Additional Sessions Judge-VI-cum-Special Judge, POCSO, Madhepura in connection with Puraini P.S. Case No.189 of 2025.

(Ashok Kumar Pandey, J) durgesh/- U T