Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Aman Kumar was arrested in connection with a kidnapping case under Sections 87 and 137(2) of the Bhartiya Nyaya Sanhita after a girl went missing and was later found to have been taken by a boy. The petitioner argued that he was falsely implicated, that the incident was a consensual love affair, and that the victim later denied any kidnapping, asserting he had no criminal intent. The State opposed bail, emphasizing the seriousness of the offences. The Court considered the facts, the petitioner’s clean antecedent, and the length of his custody, and ordered his release on bail subject to strict conditions, including surety, appearance before the trial court, and non‑contact with the victim. The order also stipulated cancellation of bail for any violation of the conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 87 and 137(2) of the Bhartiya Nyaya Sanhita considering the nature of the alleged kidnapping.
- Whether the petitioner’s alleged clean antecedent and the victim’s statements justify bail despite the seriousness of the charges.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 137(2), 183, 87
Subjects
- bail
- kidnapping
- abduction
- love affair
- Bhartiya Nyaya Sanhita
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49411 of 2025
Arising Out of PS. Case No.-226 Year-2024 Thana- RAUTA District- Purnia
======================================================
Aman Kumar S/O Naresh Sahni Village- Naya Tola, Mohanpur, P.S.-
Mufassil, Distt.- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jenav Khatoon wife of Jamal Sah Resident of village- Routa Purani Hat,
Panchayat- Routa, Ward no.6, P.S.- Routa, Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 07-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 29 of 2025 arising out of Routa P.S. Case No.
226 of 2024, registered for the offences under Sections 87 and
137(2) of the Bhartiya Nyaya Sanhita.
3. As per the prosecution case, the daughter of the
informant went to a shop near the house for purchasing some
goods however, she did not return and on search she could not
be located. It is further alleged that on 01.10.2024, she received
a call on which her daughter was heard weeping and she had
informed that one boy had taken her along with him but she did
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not disclose his name.
4. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated and this was a case of
love affair. It is further submitted that the petitioner is not
named in the FIR and subsequently during course of
investigation when the girl was recovered the victim had taken
his name however she had denied the factum of kidnapping and
inducing her to compel her to marry him. It is next submitted
that in her statement recorded under Section 183 of the B.N.S.S.
she has stated that the petitioner had brought her for the
purposes of marriage however she came to know that the
petitioner is a married person and also had a son and hence felt
cheated and thereafter she returned. Learned counsel for the
petitioner next submitted that from the perusal of the statement
of the victim, it would be evident that there was no bad intention
of the petitioner and he carries clean antecedent and he is in
custody since 04.10.2024.
5. Learned APP for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case and the period of custody of the petitioner, he is directed to
be released on bail on his furnishing bail bonds in the sum of
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Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned 1st Additional
Sessions Judge, Purnea in connection with Sessions Trial No. 29
of 2025 arising out of Routa P.S. Case No. 226 of 2024, subject
to the following conditions:
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) 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 antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
(v) the petitioner is refrained from meeting with the
victim or her family members and shall not try to influence
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them.
It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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