Tinku Singh @ Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40960 of 2026 Arising Out of PS. Case No.-71 Year-2026 Thana- MUNGER MUFFASIL District- Munger ====================================================== Tinku Singh @ Tinku Kumar S/o Dinesh Choudhary Resident of Village/Mohalla - Garhi Rampur, P.S. - Naya Ram Nagar, District - Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari W/o Raja Kumar Resident of Village/Mohalla- Bishanpur, P.S.- Bariarpur, District - Munger, at Present - Nauagarhi, P.S.- Muffasil, District - Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 96 and 3(5) of BNS, Section 9 of the Prohibition of Child Marriage Act and Sections 8 and 12 of the POCSO Act.

3. The case of the prosecution is that the family members of the petitioner has solemnized forceful marriage of the minor sister of the informant with this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that during course of investigation, the victim has given her statement recorded under

Patna High Court CR. MISC. No.40960 of 2026(2) dt.25-06-2026 2/2 Section 183 of BNSS wherein she has stated that she was forcefully married to this petitioner who is aged about 35 years. Learned counsel has submitted that at most, it is a case of Child Marriage Restraint Act. There is no allegation of any sexual assault with the victim. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. 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 petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 71 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act) cum District and Additional Sessions Judge-VI, Munger.

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