Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36989 of 2026 Arising Out of PS. Case No.-76 Year-2026 Thana- BARUN District- Aurangabad ====================================================== Suraj Kumar S/o Munna Paswan R/o Village - Dighi, P.S - Barun, District - Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXXX W/o YYYY R/o Village - Dighi, P.S - Barun, District - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Mukul Kumari For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-06-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 96 and 137 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 14-2-2026 at about 12:30 pm, her daughter aged about 17 years went out of the house for attending call of nature but did not return, thereafter a search was made and the informant came to know that Suraj and Nikhil had taken the victim away on a motorcycle with the help of their parents.

Patna High Court CR. MISC. No.36989 of 2026(2) dt.15-06-2026 2/3 4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the victim was recovered and her statement was recorded under Section 183 BNSS, wherein she has not supported the case of the prosecution rather has stated that she left her house on 14-2-2026 without disclosing to anyone and went to Raigarh and on 10-3-2026 she called Suraj to Raigarh and they got married in a temple, further that she was in love with Suraj for the last four years. It is also submitted that date of birth of the victim is 3-3-2008 as such on the date of occurrence she was 17 years 11 months and 11 days old. It is thus submitted that victim had reached the age of discretion. It is reiterated and submitted that since the victim has not supported the case of the prosecution as such no useful purpose would be served by sending the petitioner to jail.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.36989 of 2026(2) dt.15-06-2026 3/3 of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barun P.S. Case No. 76 of 2026, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T