Patna High Court
Harjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to verification of the compromise and the victim’s support.
Summary
Harjeet Kumar was arrested in connection with a kidnapping case involving a minor girl, charged under Sections 96, 352, 351(2), 3(5) of the B.N.S. and Sections 4 and 8 of the POCSO Act. The petitioner claimed innocence, asserted that the parties had settled the dispute, and filed a compromise petition in the lower court, also highlighting his clean antecedent. The prosecution opposed the bail application, arguing the seriousness of the offences. The High Court, after considering the facts and the petitioner's undertaking to cooperate, allowed regular bail on a bond of Rs. 10,000 with two sureties, subject to verification of the compromise by the Sessions Judge and the victim’s support. If the victim does not support the compromise, the bail bond will be cancelled.
Issues considered
- Whether bail can be granted in a kidnapping case involving a minor under the POCSO Act despite the seriousness of the offences
- Whether a compromise petition and the petitioner's clean antecedent justify the grant of regular bail
Legislation cited
Subjects
- bail
- kidnapping
- minor
- POCSO Act
- compromise
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22101 of 2026
Arising Out of PS. Case No.-702 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Harjeet Kumar S/O Rajendra Chaudhary Resident of Village- Mahanguwa,
P.S- Muffasil, District- East Champaran, Motihari
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX W/O YY R/O Village- Mahanguwa, P.S- Muffasil, Distt.- East
Champaran, Motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra
For the Opposite Party/s : Mr.Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Motihari
Muffasil P.S. Case No. 702/2025 registered for the offences
punishable under Sections 96, 352, 351(2), 3(5) of B.N.S. and
Sections 4/8 of POCSO Act.
3. As per the prosecution case, petitioner is accused of
kidnapping the minor girl.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that both the parties
have settled their dispute and compromise petition has been filed
in the court below. Petitioner has clean antecedent and he is in
Patna High Court CR. MISC. No.22101 of 2026(2) dt.08-04-2026
2/2
custody since 12.02.2026. The petitioner undertakes to co-operate
in the case/ trial.
5. Learned APP for the State has opposed the prayer for
regular bail of the petitioner.
6. Considering the facts and circumstances of the case,
this application for regular bail is allowed.
7. Accordingly, 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 6th District & Addl. Sessions Judge-
cum-Exclusive Special Judge, POCSO Act, East Champaran,
Motihari /concerned Court below in connection with Motihari
Muffasil P.S. Case No. 702/2025.
8. At the time of accepting bail bond of the petitioner,
the learned 6th District & Addl. Sessions Judge-cum-Exclusive
Special Judge, POCSO Act, East Champaran, Motihari will verify
the compromise petition and if the informant/ victim supports the
compromise, then the bail bond of the petitioner shall be accepted,
and if the informant/ victim does not support the compromise, then
the bail bond of the petitioner shall be cancelled.
(Sandeep Kumar, J)
tusharika/-
U T
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