Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48430 of 2025 Arising Out of PS. Case No.-95 Year-2024 Thana- Tetiyabumber District- Munger ====================================================== Sunil Kumar, S/O Late Sonelal Yadav, resident of Village- Chhotki Kharuai, P.S.- Tetiya Bambar, Distt.- Munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bimal Yadav S/O Late Bramhdeo Yadav Village- Chhotki Kharuai, P.S.- Tetiya Bambar, Distt.- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate Mr. Rounak Kumar Singh Pankaj, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Tetiya Bambar P.S. Case No. 95 of 2024 dated 20.11.2024 instituted for the offence punishable under Sections 137(2), 87, 96, 64(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 9 of the Prohibition of Child Marriage Act.
3. The prosecution case, in short, is that on the alleged date of occurrence, when the daughter of the informant went to market for buying vegetables, the petitioner kidnapped her and fled away on Jitendra Kumar's bike. It is alleged that the informant went to the house of the petitioner to complain, but
Patna High Court CR. MISC. No.48430 of 2025(2) dt.30-07-2025 2/3 petitioner's mother and brothers assaulted him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the statement of the victim has been recorded under Section 183 of B.N.S.S. wherein she has specifically stated that she on her own Will, fled away from her home and went to Kharagpur Station and met with the petitioner and thereafter went to Khagaria with him and got married with him and remained there for 6-7 days in a room. When the mother of the petitioner informed on phone that a case has been lodged, they returned to Munger. She further stated that she was not kidnapped and she got married of her own wish and she showed her desire to go to the house of the petitioner with his father.
Learned counsel for the petitioner submits that there is no allegation of sexual assault against the petitioner rather the statement of the victim reveals that she on her own will fled away from home. It is further submitted that the petitioner is young boy aged about 26 years. Lastly, it has been submitted that the petitioner is in custody since 10.04.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State opposed the prayer for
Patna High Court CR. MISC. No.48430 of 2025(2) dt.30-07-2025 3/3 bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court (POCSO Act) cum District & Additional Sessions Judge-VI, Munger in connection with Tetiya Bumber P.S. Case No. 95 of 2024.
(Khatim Reza, J) premchand/- U T