Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75541 of 2025 Arising Out of PS. Case No.-331 Year-2025 Thana- DHANARUA District- Patna ====================================================== Sunny Kumar S/o- Sant Paswan Resident of Village- Badiha, P.S- Dhanarua, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kaushalya Devi W/o- Sunil Paswan Vill- Bijapur, P.S- Vijaypura, DistPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjum Perveen, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Special POCSO Case No. 157 of 2025 arising out of Dhanarua P.S. Case No. 331 of 2025 instituted for the offences under Sections 70(2) of the Bharatiya Nyaya Sanhita, 2023 and 4/6 of the POCSO Act.

3. Allegation against the accused persons including the petitioner is of commission of rape upon the informant's minor daughter.

Patna High Court CR. MISC. No.75541 of 2025(5) dt.20-02-2026 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to local village politics. Learned counsel further submitted that the entire prosecution case is false and concocted which is evident from the medical report. Learned counsel further contended that there is no external or internal injury present on the body of the victim as per medical report. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.05.2025 and has one criminal antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that victim in her statement recorded under Section 183 of the BNSS has corroborated the contents of the FIR, and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case as also the statement of the victim recorded under Section 183 of the BNSS, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to

Patna High Court CR. MISC. No.75541 of 2025(5) dt.20-02-2026 3/3 renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T