Dismissed¶24

Jhunna Kumar v. The State of Bihar

Patna HC10 Oct 2025CR. MISC./23524/2025

Case brief

AI extract

What is this about?

What did the court decide?

Keeping in view the nature of the allegation, gravity of the offence, materials available in the case diary and the statement of the victim girl recorded under Section 183 of the B.N.S.S., the Court declined to grant bail to the petitioner. ¶23

Jhunna Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶24

Issue for consideration

Whether the petitioner's prayer for bail in connection with Sugauli P.S. Case No. 372 of 2024, instituted for offences under Sections 65(A), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 6 and 7 of the POCSO Act, should be granted.

¶15

Court's answer

¶23

Ratio / Principle

The prayer for bail of the petitioner stands rejected, with a direction to the court below to expedite the trial and conclude it expeditiously.

¶24

Detailed headnote1 paragraphs

Bail rejected — Patna High Court, Criminal Miscellaneous No.23524 of 2025 (arising out of Sugauli P.S. Case No. 372 of 2024, Thana-Sugauli, District-East Champaran); Oral Order dated 10-10-2025 of Honourable Mr. Justice Rudra Prakash Mishra. Petitioner Jhunna Kumar sought bail for offences under Sections 65(A), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 6 and 7 of the POCSO Act; prosecution alleged he lured and raped the informant Shiv Pujan Sahani's minor daughter, who became pregnant. Petitioner's counsel pleaded innocence, false implication amid a land dispute between co-villager next-door neighbours, absence of specific date/time of the occurrence, a two-day delay (pregnancy learnt 15.08.2024; F.I.R. lodged 17.08.2024) and absence of criminal antecedents (judicial custody since 02.11.2024). The A.P.P. opposed, relying on the victim's statement recorded under Section 183 of the B.N.S.S. containing a specific and direct rape allegation and the charge-sheet filed under Sections 65(i), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 6 and 7 of the POCSO Act. Considering the nature of the allegation, gravity of the offence, case-diary materials and the Section 183 statement, the Court declined bail, rejected the prayer and directed the court below to expedite and conclude the trial expeditiously. Note the printed discrepancy: case instituted under S. 65(A) but charge-sheet under S. 65(i) of BNS 2023.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23524 of 2025

¶2

Arising Out of PS. Case No.-372 Year-2024 Thana- SUGAULI District- East Champaran

¶3

======================================================

¶4

Jhunna Kumar S/O Puran Sahani R/O Village- Dhani, Ps- Sugauli, DistrictEast Champaran Motihari

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Shiv Pujan Sahani S/o Late Dahari Sahani R/o vill - Dumari, ward no. 4, P.S.- Sugauli, Distt.- East Champaran

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. Mr. Dhananjay Kr. Gupta, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh, APP For the Informant : Mr. Biresh Kumar, Adv. Mr. Harish Kr. Patel, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

¶11

ORAL ORDER

¶12

6 10-10-2025

¶13

Heard learned counsel for the petitioner and learned

¶14

APP for the State as also learned counsel for the Informant. Perused the case diary.

¶15

The petitioner seeks bail in connection with Sugauli P.S. Case No. 372 of 2024 instituted for the offences under Sections 65(A), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 6 and 7 of the POCSO Act.

¶16

As per prosecution case, the accusation against the petitioner is of luring and committing rape upon the informant’s minor daughter due to which she got pregnant. It is alleged that on getting information regarding pregnancy of the victim girl,

¶17

Patna High Court CR. MISC. No.23524 of 2025(6) dt.10-10-2025 2/3

¶18

the informant went to the petitioner’s father and other accused persons where the informant was abused and also threatened and assaulted by them.

¶19

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner and the informant are co-villagers and reside as next door neighbors having land dispute between them and the petitioner has been falsely implicated in the present case. He further submits that there is no specific date and time of the alleged occurrence committed by the petitioner rather when the informant came to know about the pregnancy of the victim girl, the informant on 25.08.2024 went to the father of the petitioner where it is alleged that the informant was abused and assaulted by them. Learned counsel for the petitioner further submits that as per F.I.R., the informant got information regarding pregnancy of his daughter on 15.08.2024 but, the F.I.R. was lodged on 17.08.2024 without there being any plausible explanation for such delay which creates doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 02.11.2024 without any rhymes or reason.

¶20

On the other hand, learned A.P.P. for the State has

¶21

Patna High Court CR. MISC. No.23524 of 2025(6) dt.10-10-2025 3/3

¶22

vehemently opposed the prayer for grant of bail to the petitioner. It is further stated that the victim girl in her statement recorded under Section 183 of the B.N.S.S. has made specific and direct allegation of rape against the petitioner due to which she got pregnant. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections 65(i), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 6 and 7 of the POCSO Act.

¶23

Having heard learned counsel for the parties and keeping in view the nature of allegation, gravity of the offence, materials available in the case diary as also considering the statement of the victim girl recorded under Section 183 of the B.N.S.S., this Court is not inclined to grant bail to the petitioner.

¶24

Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously.

¶25

(Rudra Prakash Mishra, J)

¶26

rishi/-

¶27

U T

Jhunna Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jhunna Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bachche Lal Mandal Vs The State of Bihar

Ram Shakal Mahto Vs The State of Bihar

Ravi Kumar Das @ Ravi Kumar Vs The State of Bihar

Garib Das @ Sonu Kumar Singh @ Sonu Kumar Vs The State of Bihar

Ajay Rai Vs The State of Bihar

Vikash Kumar Yadav Vs The State of Bihar