Allowed¶22

Kundan Kumar v. The State of Bihar

Patna HC5 May 2026CR. MISC./6497/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.6497 of 2026, decided 05-05-2026 by Ansul, J. Bail granted to Kundan Kumar in Samastipur Muffasil P.S. Case No. 239 of 2023 (Ss. 363, 366-A, 504, 34 IPC; Ss. 8, 17 POCSO Act) on ground of marriage solemnised after the girl completed 18 years; no sexual misconduct alleged in Section 183 BNSS statement; custody since 14.07.2025; one criminal antecedent; bail bonds Rs.10,000 with two like sureties; observations prima facie only.

What did the court decide?

Release on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Additional Session Judge-VI cum Special Court POCSO, Samastipur/concerned Court, in connection with Samastipur Muffasil P.S. Case No. 239 of 2023. ¶22

Kundan 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 should be granted bail in connection with Samastipur Muffasil P.S. Case No. 239 of 2023 instituted under Sections 363, 366-A, 504 and 34 IPC and Sections 8 and 17 POCSO Act.

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Court's answer

Considering the marriage of the parties, the Court was inclined to grant bail to the petitioner.

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Ratio / Principle

Petitioner ordered 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 Additional Session Judge-VI cum Special Court POCSO, Samastipur/concerned Court, in connection with Samastipur Muffasil P.S. Case No. 239 of 2023.

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Key takeaways

Observations in the order are prima facie and limited solely to adjudication of the present bail application; they shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings.ratio¶23

Detailed headnote1 paragraphs

Bail granted — Kidnapping/POCSO case (Samastipur Muffasil P.S. Case No. 239 of 2023; Ss. 363, 366-A, 504, 34 IPC; Ss. 8, 17 POCSO Act): petitioner accused of kidnapping the informant's minor daughter; victim's Section 183 BNSS statement alleged no sexual misconduct; after completing 18 years the girl married the petitioner again; petitioner in custody since 14.07.2025 with one criminal antecedent; State and informant opposed bail on the ground of minority at the time of the incident. Considering the marriage of the parties, Ansul, J. released the petitioner on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Session Judge-VI cum Special Court POCSO, Samastipur. All observations prima facie, limited solely to the bail adjudication, not to be construed on merits nor to influence the trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6497 of 2026

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Arising Out of PS. Case No.-239 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur

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

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Kundan Kumar S/O Sri Raj Kumar Rai R/O Village- Hakimbad, P.S- Mufassil Samastipur, Distt.- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Chote Lal Choudhary S/O Late Ramji Choudhary R/O Village- Hakimbad, P.S- Muffasil Samastipur, Distt.- Samastipur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shivam, Adv. For the Opposite Party/s : Mr.Umesh Lal Verma, APP For the Informant : Mr.Hemant Ray, Adv. Mr.Sharad Kumar Verma, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER

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4 05-05-2026

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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 Samastipur Muffasil P.S. Case No. 239 of 2023 instituted for the offences under Sections 363, 366-A, 504 and 34 of the I.P.C and Sections 8 and 17 of the POCSO Act.

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The allegation is that the petitioner kidnapped the minor daughter of the informant. The instant case being Samastipur Muffasil P.S. Case No. 239 of 2023 was lodged. In her statement under Section 183 of BNSS the lady has not alleged any sexual misconduct against the petitioner.

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Learned counsel for the petitioner reveals that after completing 18 years, the girl married with the petitioner again. The petitioner is in custody since 14.07.2025 and has got one

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Patna High Court CR. MISC. No.6497 of 2026(4) dt.05-05-2026 2/2

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criminal antecedent.

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Learned A.P.P. for the State and learned counsel for the Informant Mr. Hemant Rai has vehemently opposed the prayer for grant of bail to the petitioner stating therein that at the time when the girl was admittedly a minor and thus a case of kidnapping was made out.

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Considering the marriage of the parties, this Court is inclined to grant bail to the petitioner.

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Let the petitioner 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 learned Additional Session Judge-VI cum Special Court POCSO, Samastipur/concerned Court in connection with Samastipur Muffasil P.S. Case No. 239 of 2023.

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It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

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(Ansul, J)

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abhishekkr/-

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U T

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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