Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67459 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- Cyber P.S. District- Buxar ====================================================== Munna Kumar S/O Tulsi Chouhan @ Tulsi Chaudhri R/at Vill.- Karari, P.S.- Baddi, Dist.- Rohtas. Permanent Add. Vill.- Patadi, P.S.- Baddi, Dist.- Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ms. X D/O Y R/O Vill. and P.o.- Nawanagar, Ward no. 09, P.S.- Nawanagar, Dist.- Buxar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Roy, Adv.
For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. A prayer for bail has been made on behalf of the petitioner in connection with POCSO Case No.34 of 2025 arising out of Buxar Cyber P.S. Case no.47 of 2024 registered under sections 376, 363, 342, 506, 323 and 34 of IPC and Section 6, 8, 12 and 14 of POCSO Act and 66C, 66D, 66E, 67 and 67B of I.T. Act, and Section 30 of the Arms Act.
3. Allegation in the F.I.R is that petitioner had established physical relations with the victim on the pretext of marriage and also made some objectionable video viral.
4. Learned counsel for the petitioner submits that the present case arises out of a love relationship between the petitioner and the victim. The statement of the victim was
Patna High Court CR. MISC. No.67459 of 2025(6) dt.20-02-2026 2/3 recorded under Section 183 of BNSS wherein she has categorically stated that she was in touch with the petitioner through Facebook and had voluntarily gone with him to Delhi where they solemnized marriage. It is further submitted that the medical report of the victim indicates that her age is about 18 years and no recent signs of sexual assault were found. Learned counsel for the petitioner submits that even during the course of trial, the informant/victim has not supported the case of the prosecution. It is also submitted that the petitioner is a young boy aged about 21 years having no criminal antecedents and he is in judicial custody since 16.12.2024. The petitioner undertakes to cooperate in the case/trial.
5. The prayer for bail has been opposed by the learned A.P.P. for the State as well as the learned counsel appearing on behalf of the informant. It is submitted by the learned counsel for the informant, referring to the bail rejection order, that the petitioner had made certain objectionable photographs of the informant viral and that the same has not yet been deleted.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the statement of the victim recorded under Section 183 of BNSS and during trial, coupled with the medical report indicating her age to be 18
Patna High Court CR. MISC. No.67459 of 2025(6) dt.20-02-2026 3/3 years with no sign of recent sexual assault, the petitioner is directed to be enlarged on bail in connection with POCSO Case No.34 of 2025 arising out of Buxar Cyber P.S. Case no.47 of 2024 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 Court concerned where the case is pending/successor Court, subject to the following conditions:- (I) The petitioner shall remain physically present in the learned trial Court on each date fixed and in case of absence on two consecutive dates without sufficient reasons, the learned trial Court would be at liberty to cancel the bail bonds of the petitioner.
(II) The petitioner is strictly directed to delete the objectionable photographs of the victim from all electronic devices and social media platforms under his control immediately upon his release from judicial custody. (Soni Shrivastava, J) Harsh/- U T