Created by Fuzzy Cloud

Patna High Court

Acchelal Kumar @ AchchelalaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the petitioner to seek anticipatory bail subject to the informant’s support of the compromise and compliance with the bail conditions under Section 438(2) CrPC and Section 482 BNS.

Summary

The petitioner, Acchelal Kumar, feared arrest in a case (PS No. 672/2025) alleging kidnapping and other offences under the Bihar Negotiable and Settlement Act (BNS) and Section 8 of the POCSO Act. The prosecution alleged he kidnapped a minor girl, while the petitioner claimed the girl had eloped with him and that they had since settled, submitting a compromise petition. The court considered the petitioner's claim of settlement and the legal provisions governing anticipatory bail. It directed that the petitioner may seek anticipatory bail, provided the informant supports the compromise, and that he furnish a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNS. The court also noted that if the informant does not support the compromise, the lower court would pass appropriate orders. The compromise petition was recorded as part of the proceedings.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged kidnapping under the BNS and POCSO Act based on a compromise petition.
  • Whether the informant's support for the compromise is a condition for granting anticipatory bail.
  • Applicability of Section 438(2) of the CrPC and Section 482 of the BNS in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • compromise petition
  • kidnapping
  • POCSO Act
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37813 of 2026
                  Arising Out of PS. Case No.-672 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Acchelal Kumar @ Achchelala S/o Sanjay Mahto @ Sanjay Mahato Resident
                 of village - Surhadih, P.S - Mufassil Motihari, District - East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    XX W/o YY R/o Village - Surhadih, P.S - Muffasil Motihari, District - East
                 Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhishek Kumar
                 For the Opposite Party/s :      Mr.Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Muffasil P.S. Case No. 672 of 2025 registered

                   for the offence under Sections 137(2), 96, 61(2), 352, 3(5) of the

                   BNS and under Section 8 of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   alleged to have kidnapped the victim girl.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the victim

                   had eloped with the petitioner and they were in a relationship
          Patna High Court CR. MISC. No.37813 of 2026(2) dt.16-06-2026
                                                      2/2




                    and realizing the mistake, the parties have entered into

                    settlement. In support of his submission, learned counsel for the

                    petitioner has also produced the compromise petition.

                                    5. Considering the aforesaid facts, this application

                    is disposed of with a liberty to the petitioner to move the

                    concerned Court below for bail and if the informant supports the

                    compromise, the petitioner shall be released on anticipatory bail

                    on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

                    two sureties of the like amount each to the satisfaction of the

                    concerned Court below in connection with Muffail P.S. Case

                    No. 672 of 2025, subject to the conditions laid down in Section

                    438(2) of the Code of Criminal Procedure, 1973 / Section 482 of

                    the BNSS. It is made clear that if the informant does not

                    supports the compromise then appropriate orders shall be passed

                    by the Court below.

                                   6. The photocopy of the compromise petition,

                    produced by the learned counsel for the petitioner, is taken on

                    record.



                                               (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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