Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57293 of 2025 Arising Out of PS. Case No.-453 Year-2024 Thana- CHANDI District- Nalanda ====================================================== Guddu Kumar, son of Ashok Prasad, R/o - Telpa, P.S - Town Telpa, District - Arwal ... ... Petitioner/s

Versus

The State of Bihar & Anr.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with POCSO Case No.139/2024, arising out of Chandi P.S. Case No. 453 of 2024, registered for the offences under Sections 137(2), 96 of BNS and later on Section 64 of BNS and Section 4/6 of POCSO Act were also added.

3. As per the prosecution case, minor daughter of the informant went missing and subsequently, the name of the petitioner transpired in this case as the person who enticed away the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been

Patna High Court CR. MISC. No.57293 of 2025(4) dt.17-06-2026 2/3 falsely implicated in this case. The statement of the victim girl was recorded under Section 183 of BNSS wherein she stated that she voluntarily left her house due to some hot talk with her sister. Thereafter, she had a chance meeting with the petitioner and both of them went to Surat where she alleged that the petitioner forcibly established sexual relationship with her. But surprisingly the victim did not raise any alarm and she continued her stay with the petitioner and even returned with the petitioner. All these facts go on to show that it was voluntary act on part of the victim. The learned counsel further submits that the petitioner is also a youth aged about 22 years and he bears clean antecedent. The petitioner is in custody since 04.09.2024. The charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. The learned APP submits that the victim is minor and the petitioner enticed her away and established physical relationship with her.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent and also considering the submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of

Patna High Court CR. MISC. No.57293 of 2025(4) dt.17-06-2026 3/3 Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, Nalanda at Biharsharif, in connection with POCSO Case No. 139/2024, arising out of Chandi P.S. Case No. 453 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T