Patna High Court
Aryan Kumar @ AryanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Aryan Kumar was arrested in connection with a case alleging kidnapping of a 14‑year‑old girl for the purpose of marriage, invoking Sections 137(2) and 96 of the B.N.S. and Sections 8 and 12 of the POCSO Act. The petitioner claimed a clean antecedent and asserted that the FIR was fabricated, noting that the victim had been recovered, gave a statement under Section 183 of the B.N.S.S., 2023, and subsequently married the petitioner in a temple. Both the informant’s counsel and the State’s Additional Public Prosecutor supported the petitioner’s bail application. The Court, after considering the victim’s non‑cooperation with the prosecution and the marriage, ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay pending verification.
Issues considered
- Whether bail should be granted to an accused charged under Sections 137(2), 96 of the B.N.S. and Sections 8, 12 of the POCSO Act for alleged kidnapping and child marriage.
- Whether the victim’s statement under Section 183 of the B.N.S.S., 2023 and subsequent marriage to the accused affect the bail decision.
- Whether the petitioner’s alleged clean antecedent and the support of the informant and State influence bail eligibility.
Legislation cited
- B.N.S. — s. 137(2), 96
- B.N.S.S., 2023 — s. 183
- POCSO Act — s. 12, 8
Subjects
- bail
- kidnapping
- child marriage
- POCSO Act
- victim statement
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3244 of 2026
Arising Out of PS. Case No.-605 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Aryan Kumar @ Aryan S/o Vishnu Prasad Resident of - Basi Mangal Bazar,
P.S - Siddharth Nagar, District - Siddharth Nagar, U.P At present R/o - Naya
Goan, Chailitaal, P.S - Alamganj, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o Raju Kumar Singh, R/o Village- Chailitand Meena Bazar, Near
Govt. School, P.O. Gulzarbagh, P.S. Alamganj, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Tiwari, Advocate
For the Informant : Mr. Sunil Pathak, Advocate
For the State : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Arun Kumar Tiwari, learned counsel for
the petitioner, Mr. Sunil Pathak, learned counsel for the
Informant and Mr. Prem Kumar Jha, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
29.06.2025, in connection with Alamganj P.S. Case No. 605 of
2025, F.I.R. dated 08.06.2025 registered for the offences
punishable under Sections 137(2), 96 of B.N.S. and later on
Section 08, 12 of the POCSO Act.
3. The prosecution case, in short, is that accused
persons including the petitioner are alleged to have kidnapped
the minor daughter of the informant aged about 14 years for the
purpose of marriage.
Patna High Court CR. MISC. No.3244 of 2026(2) dt.20-01-2026
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4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
The victim was recovered and her statement under Section 183
of the B.N.S.S., 2023 was recorded in which she has not
supported the case of the prosecution and she has performed the
marriage with the petitioner in a temple at Gorakhpur.
5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State has supported
the contention of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner has performed marriage with the
victim girl and the victim has not supported the case of the
prosecution, let the petitioner, above named, 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
learned A.C.J.M. VI, Patna City, Patna in connection with
Alamganj P.S. Case No. 605 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.3244 of 2026(2) dt.20-01-2026
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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