Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56576 of 2025 Arising Out of PS. Case No.-231 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Sumit Kumar, S/o Late Gainu Yadav @ Ganesh Yadav, resident of VillageRaman Kabad, P.S.- Haveli Kharagapur, District- Munger ... ... Petitioner
Versus
1.
The State of Bihar 2.
Amod Kumar, S/o- Jagdish Prasad Yadav, resident of Village-Kanya Madhya Vidyalaya Pariya, P.S.- Bariyarpur, Dist-Munger ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Deep Anshuman, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.The accused/petitioner seeks bail in connection with POCSO Case No. 36 of 2025 arising out of Bariyarpur P.S. Case No.231 of 2024 registered for the offences punishable under Sections 137(2), 96, 64(1), 87 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') as well as Sections 4 and 6 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act') was added later on.
3.The accused/petitioner is named in the
Patna High Court CR. MISC. No.56576 of 2025(3) dt.27-11-2025 2/3 FIR and is in custody since 31.05.2025.
4. Allegation against petitioner is to kidnap the minor daughter of informant aged about 19 years for the purpose of illicit intercourse/marriage. However, during the course of investigation, as per school certificate, the victim found minor and, therefore, the charge-sheet submitted in this case under POCSO Act.
5. It is submitted by learned counsel that petitioner has been implicated in this case out of land dispute. It is also pointed out that victim negate the allegation of kidnapping and also qua penetrative sexual assault/rape against this petitioner while recording her statement under Section 183 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short 'BNSS').
6.Learned APP opposed the prayer for grant of bail to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact, as victim has negated the allegation of kidnapping and sexual assault against petitioner, coupled with the fact that
Patna High Court CR. MISC. No.56576 of 2025(3) dt.27-11-2025 3/3 investigation of this case is already completed, where petitioner remains in custody since 31.05.2025, accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO Act)-cum-District and Additional Session Judge-VI, Munger in connection with POCSO Case No. 36 of 2025 arising out of Bariyarpur P.S. Case No.231 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T