Created by Fuzzy Cloud

Patna High Court

Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

Alok Kumar was arrested in connection with a case registered under the Bhartiya Nyaya Sanhita, 2023 and the POCSO Act for allegedly kidnapping the minor daughter of an informant for illicit intercourse or marriage. The petitioner contended that the incident was a child marriage with the consent of both parties' parents and that they are now living as husband and wife with a child. The prosecution opposed bail, but the court noted the parties' compromise and the petitioner's clean antecedents. Considering the compromise and the nature of the dispute, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. Bail was granted subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged kidnapping and sexual offences under the B.N.S. and POCSO Act despite the seriousness of the charges
  • Whether the alleged compromise and claim of child marriage affect the court's discretion to grant bail

Legislation cited

Subjects

  • bail
  • child marriage
  • kidnapping
  • POCSO
  • compromise
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10843 of 2026
                     Arising Out of PS. Case No.-214 Year-2025 Thana- PUNAURA District- Sitamarhi
                 ======================================================
                 Alok Kumar, Son of Sanjay Sah, Resident of Village - Binma Tola, Ward No.-
                 08, P.S.- Punaura, District - Sitamarhi.
                                                                            ... ... Petitioner
                                                      Versus

           1.    The State of Bihar
           2.    XXX, Daughter of YYY, Resident of Village - Punaura, Ward No.- 06, P.S.-
                 Punaura, District - Sitamarhi.

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Arvind Prasad Singh, Advocate
                 For the State           :        Mr. Navin Kumar Pandey, APP
                 For the Informant       :        Mr. Ajay Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State duly assisted by

                   learned counsel appearing for informant.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Punaura P.S. Case

                   No.214 of 2025 registered under Sections 78, 64, 352,

                   115(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023

                   (in short ‘B.N.S.’) as well as Sections 4 and 6 of the

                   Protection of Children from Sexual Offences Act (in short

                   ‘POCSO Act’).

                                3. As per FIR, the petitioner alleged to kidnap the
Patna High Court CR. MISC. No.10843 of 2026(2) dt.24-02-2026
                                            2/3




          minor daughter of informant for the purpose of illicit

          intercourse/marriage.

                       4. It is submitted by learned counsel appearing for

          petitioner that at best it is a case of child marriage as with

          consent of the parents of both the parties the marriage of

          petitioner was solemnized with victim/minor daughter of the

          informant. It is submitted that due to certain confusion, the

          present FIR was lodged, which now compromised between the

          parties. In this context, it is submitted that the petitioner and

          victim are living happily as wife and husband and having one

          child out of said wedlock. Petitioner claimed clean antecedent.

                       5. Learned APP duly assisted by Mr. Ajay Kumar

          Sinha, learned counsel appearing for the informant while

          opposing the prayer of bail approved the factum of

          compromise as submitted aforesaid by learned counsel

          appearing for petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as dispute and differences, which was the

          reason for lodging the present FIR has now compromised

          between the parties accordingly, the petitioner, above-named,
         Patna High Court CR. MISC. No.10843 of 2026(2) dt.24-02-2026
                                                     3/3




                   who are man of clean antecedent, in the event of his arrest or

                   surrender in the court below within a period of four weeks

                   from today, is directed to be released on bail on furnishing

                   bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                   sureties of the like amount each to the satisfaction of the

                   learned District and Additional Sessions Judge-IV-cum-

                   Exclusive Special Judge (Rape and POCSO), Sitamarhi in

                   connection with Punaura P.S. Case No.214 of 2025, subject

                   to the conditions as laid down under Section 438(2) of the

                   Code of Criminal Procedure (in short ‘CrPC’)/under Section

                   482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in

                   short ‘BNSS’).


                                                     (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.