Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43109 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- PARSAUNI District- Sitamarhi ====================================================== Sumit Kumar Son of Birendra Sah Village- Rewasi P.S. -Riga Distt -Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Poonam Devi, wife of Mahesh Mandal Village - Rewasi, P.S- Riga, DistSitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the O.P. no.2 Mr. Uday Kumar, Adv.

Mr. Raj Narayan Mishra, Adv Mr. Rahul Kumar, Adv.

For the State :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-09-2025

1. Heard Mr. Deepak Kumar, learned counsel for the petitioner, Mr. Uday Kumar, learned counsel for the O.P. No.2 and Mr. Anish Chandra, learned APP for the State.

2. The petitioner seeks regular bail in connection with Parsauni P.S. Case No. 67 of 2025 dated 03.05.2025 registered for the offence(s) punishable under Section(s)137(2), 96 and 3(5) of the B.N.S. and Section 8 of the POCSO Act.

3. The main submissions advanced by the petitioner's counsel are that the so-called victim was recovered from a bus stand and she recorded her statement under Section 183 of the B.N.S.S. in which she flatly denied the allegations levelled in the FIR and according to her, she herself called the petitioner and

Patna High Court CR. MISC. No.43109 of 2025(3) dt.10-09-2025 2/2 went with him to Patna where she solemnized marriage with him in a temple.

4. Learned counsel appearing for the O.P. No.2 has opposed the bail prayer of the petitioner and submits that the victim girl is a minor and admittedly, the petitioner has solemnized marriage with her despite the victim not having attained the marriageable age.

5. In the facts and circumstances of this case and mainly considering the victim's statement made by her before the Judicial Magistrate which goes against the prosecution story and also coupled with petitioner's young age and his custody period, this court is inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Parsauni P.S. Case No. 67 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T