Allowed¶22

Santu Kumar v. The State of Bihar

Patna HC22 Apr 2026CR. MISC./26931/2026

Case brief

AI extract

What is this about?

Patna HC bail order, CRL. MISC. No.26931 of 2026, dt.22-04-2026, Sandeep Kumar J; Santu Kumar v. State of Bihar; Ranitalab/Rani Talab P.S. Case 365/2025, Patna; offences under S.137(2) and S.96 BNS and S.8 and S.12 POCSO Act; kidnapping of minor victim; custody since 28.09.2025; victim's S.180 BNSS statement showed consensual relationship; regular bail allowed; bonds Rs. 10,000 with two sureties; Special Judge POCSO Patna; no opinion on merits.

What did the court decide?

Regular bail granted: release upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-VII-cum-Exclusive Special Judge POCSO, Patna/concerned Court in Ranitalab P.S. Case No. 365 of 2025; victim's Section 180 BNSS statement taken on record. ¶22

Santu Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused of kidnapping a minor victim in Ranitalab P.S. Case No. 365 of 2025 (offences under Ss.137(2), 96 BNS and Ss.8, 12 POCSO Act), should be granted regular bail.

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Court's answer

From the statement of the victim girl (recorded under Section 180 BNSS), it appears that the petitioner and the victim were in a consensual relationship.

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Ratio / Principle

Taking into account the aforesaid observation and the period of custody, the bail application is allowed.

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Key takeaways

The petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-VII-cum-Exclusive Special Judge POCSO, Patna/concerned Court.ratio¶23
The observations in the order are limited to adjudication of the bail application, shall not prejudice the petitioner at any subsequent stage of trial, and the Court has expressed no opinion on the merits of the case.obiter¶25

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), Criminal Miscellaneous No.26931 of 2026 (order dated 22-04-2026): Regular bail granted to Santu Kumar, accused of kidnapping a minor victim in Ranitalab P.S. Case No. 365 of 2025 registered under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act. Petitioner, in custody since 28.09.2025, relied on the victim girl's statement recorded under Section 180 of the BNSS; from it the Court observed that the petitioner and the victim were in a consensual relationship. Considering that observation and the period of custody, bail was allowed on bail bonds of Rs. 10,000/- with two like sureties to the satisfaction of the District & Additional Sessions Judge-VII-cum-Exclusive Special Judge POCSO, Patna. The Court clarified that its observations are confined to the bail adjudication and that it has expressed no opinion on the merits of the case.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26931 of 2026

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Arising Out of PS. Case No.-365 Year-2025 Thana- RANIYATALAB District- Patna

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

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Santu Kumar Son of Rudal Paswan R/O Village- Kab, P.S.- Rani Talab, District- Patna (Bihar)

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... ... Petitioner/s

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Versus

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The State of Bihar 2. X Son of Y R/O Village- Kab, P.S.- Rani Talab, District- Patna (Bihar)

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar, Advocate For the State : Mr.Bharat Bhushan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 22-04-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Ranitalab P.S. Case No. 365 of 2025 registered for the offence punishable under Sections 137(2), 96 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act.

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The petitioner is accused of kidnapping the minor

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victim.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is in custody since 28.09.2025. learned counsel for the petitioner has further relied upon the statement of the victim girl recorded under Section 180 of the BNSS.

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Learned APP appearing for the State opposes the

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Patna High Court CR. MISC. No.26931 of 2026(2) dt.22-04-2026 2/2

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prayer for regular bail of the petitioner.

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From the statement of the victim girl, it appears that

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the petitioner and the victim were in a consensual relationship.

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Considering the aforesaid and the period of custody, this application is allowed.

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Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-VII-cum-Exclusive Special Judge POCSO, Patna/ concerned Court in connection with Ranitalab P.S. Case No. 365 of 2025.

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A copy of the statement of the victim girl recorded under Section 180 of the BNSS produced by the learned counsel for the petitioner is taken on record.

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It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

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(Sandeep Kumar, J)

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P. Kumar U T

Santu Kumar v. The State of Bihar

Case brief

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Santu Kumar v. The State of Bihar

Case brief

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