Sunil Kumar @ Sunil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56954 of 2025 Arising Out of PS. Case No.-476 Year-2023 Thana- Mufassil District- Khagaria ====================================================== Sunil Kumar @ Sunil Yadav S/O Dore Rai Resident of village- Rani Begaum, Ward No.- 07, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Arhulla Devi W/O Late Ratan Yadav R/O Vill.- Barkhadi Tola, Rahimpur, Ward No.- 15, P.S.- Muffasil, Dist.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Kashyap For the Opposite Party/s :
Mr. Syed Mojibur Rahman Mr. Dhramveer ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Khagaria (Muffasil) P.S. Case No.476 of 2023, registered for the offence punishable under Sections 366(A), 34 of the Indian Penal Code later on under 376 of Indian Penal Code and 4/6 of the POCSO Act.
3. As per the FIR, on 30.04.2023, the 14-year-old daughter of the informant went to buy vegetables and did not return. Upon enquiry, the informant came to know that she had been lured and taken to Delhi by the petitioner and others.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the
Patna High Court CR. MISC. No.56954 of 2025(4) dt.21-01-2026 2/3 present case. It is further submitted that the victim has been recovered and, in her statement, has stated that she went to Delhi of her own volition and, under the pretext of purchasing vegetables, left her house at Khagaria and went to Delhi along with the petitioner. It is further submitted that she has married the petitioner and that they have a child aged about 14 months. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, learned counsel for the informant submits that since the victim had gone to Delhi of her own accord and is presently residing with the petitioner, and as she has no grievance at present, the informant has no reason to oppose the bail application of the petitioner.
6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria/Successor Court in connection with Khagaria (Muffasil) P.S. Case No.476 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
Patna High Court CR. MISC. No.56954 of 2025(4) dt.21-01-2026 3/3 (i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/- U T