Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2) read with 3(5), 352, 64, 78
- Code of Criminal Procedure — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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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
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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
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