Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30821 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- ROH District- Nawada ====================================================== Guddu Kumar, S/o Sujit Kumar @ Sujit Kumar Laheri, R/o Village - Roh, P.S. - Roh, District Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Karishma Kumari, D/o Sanjit Kumar, R/o Village - Pati, P.S. - Akabarpur, Dist. - Nawada.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Mishra, Adv.
For the O.P. No.2 :
Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-07-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection with Roh P. S. Case No. 04 of 2026 registered for the offences punishable under Sections 126(2), 115(2), 64, 89, 352 and 3(5) of the BNS and Section 4 of the POCSO Act.
3. Learned counsel for the petitioner submits that in the entire FIR, there is no disclosure of any specific date pertaining to the commission of the alleged occurrences. It is next submitted that according to the informant, who claims herself to be the victim, the alleged sexual exploitation by the petitioner commenced two years ago and during that entire period, she remained silent. It is further submitted that the
Patna High Court CR. MISC. No.30821 of 2026(3) dt.21-07-2026 2/3 petitioner subsequently entered into a marital relationship with the informant and the petitioner admits the marital relationship with the informant, who is now a major and is fully willing to keep her with him as his wife. Learned counsel further submits that the petitioner will take the informant with him from the trial court on the day he furnished his bail bond and will also inform the informant's counsel of the date on which he will submit the bail bond.
4. Learned counsel appearing for the informant accepts the marital relationship between the informant and the petitioner and further submits that the informant is also willing to reside with the petitioner as his wife.
5.
Considering the aforesaid submissions and particularly the admitted marital relationship between the petitioner and the informant as well as their willingness to lead a conjugal life together, this Court is inclined to grant the petitioner the relief of provisional anticipatory bail for a period of six months from today. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail provisionally in connection with Roh P. S. Case No. 04 of 2026 on furnishing
Patna High Court CR. MISC. No.30821 of 2026(3) dt.21-07-2026 3/3 bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following additional condition:
The learned trial court shall keep a watch on the petitioner's conduct with regard to his behaviour towards the informant. If any complain is made by the informant against the petitioner during the said period of six months, the learned trial court shall after being satisfied, take appropriate action against the petitioner, including cancellation of his bail bond and taking him into custody. However, if the petitioner's conduct towards the informant is found to be satisfactory and no complain is made by the informant during the period of provisional bail, the learned trial court shall confirm the provisional anticipatory bail on the same bail bond.
(Shailendra Singh, J) Rajiv/- U T