Patna High Court
Acchelal Kumar @ AchchelalaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable and Settlement Act (BNS) — s. 137, 3, 352, 482, 61, 96
- Criminal Procedure Code — s. 438
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
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
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