Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9974 of 2025 Arising Out of PS. Case No.-460 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Sunny Kumar S/O Satan Mistiri @ Santan Mistiri R/o - Chandmari Road, Gali no.- 4, Mahesh Pandit Gali, P.S- Kankarbagh, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Kankarbagh P.S.Case No.460 of 2022, registered for the offences punishable under Sections 363, 366(A), 504 and 506/34 of the Indian Penal Code .
3. Vide order dated 21.03.2025, statement of the victim girl recorded under Section 164 Cr.P.C. was called for along with the case diary. The case diary containing the statement of the victim girl recorded under Section 164 Cr.P.C. is kept on the record.
4. I have perused the allegation made in the FIR and the statement of the victim girl recorded under Section 164 Cr.P.C. The age of the victim has been determined to be 17 years
Patna High Court CR. MISC. No.9974 of 2025(3) dt.12-05-2025 2/3 as per the FIR. The victim has declared in her statement that she on her own will went to Delhi where she solemnized marriage with the petitioner, who is aged about 19 years. The victim appears to be minor and the petitioner has just emerged as adult. Both have undergone psychological, biological and physical change and attraction at the said age is medically well known.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Prabhat Kumar, learned J.M. 1st class, Patna/concerned court, in connection with Kankarbagh P.S. Case No.460 of 2022, subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been
Patna High Court CR. MISC. No.9974 of 2025(3) dt.12-05-2025 3/3 stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T