Patna High Court

Aman KumarversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Aman Kumar, applied for regular bail in a case registered under Sections 137(2), 96 and 3(5) of the BNS, alleging kidnapping and purchase of a minor. The prosecution argued that the victim was a minor and that the petitioner had allegedly bought her for Rs.3,00,000, while the petitioner claimed he was not the kidnapper and had married the victim. The court noted the petitioner’s clean antecedents and the fact that he had been in custody for about nine months. Considering these circumstances, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial. One bailor was required to be a resident of the petitioner’s native locality in Uttar Pradesh.

Issues considered

Whether regular bail can be granted to the petitioner accused under Sections 137(2), 96 and 3(5) of the BNS for alleged kidnapping and purchase of a minor.
Whether the victim’s status as a minor and the alleged purchase amount preclude the grant of bail.
Whether the petitioner’s clean antecedents and period of incarceration justify bail.

Subjects

regular bail
kidnapping
minor
purchase of minor
criminal procedure
BNS
Sections 137(2)
Section 96
Section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54479 of 2025
                         Arising Out of PS. Case No.-31 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Aman Kumar S/O Late Udayveer R/O Salepur, P.S.- Dankaur, Distt.- Gautam
                 Buddha Nagar, (Uttar Pradesh)

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Anjali Devi Anjali Devi w/o Ramanand Mehta r/o Mahammadpur p.s-
                 Kadwa Dist-Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr.Sanjeev Kumar Singh

                 For the opposite parties          Mrs.Renu Kumari, APP
                                                   Mr Ajit Kumar Sinha
                                                   Ms. Dimple Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   20-01-2026                           Heard the learned counsel for the parties.

                                        2. This is an application for regular bail on

                   behalf of the petitioner for the offences alleged under

                   Sections 137(2), 96 and 3(5) of the BNS, registered in

                   connection with Kadwa P.S.Case No. 31 of 2025.

                                 3.      As per allegation, co-accused persons

                   facilitated conversations between the alleged victim and

                   the petitioner, who is the resident of Uttar Pradesh. Later

                   on, the daughter of the informant became traceless.

                                 4. The learned counsel for the petitioner has

                   submitted that the petitioner is not the kidnapper. He
Patna High Court CR. MISC. No.54479 of 2025(6) dt.20-01-2026
                                            2/3




          solemnized the marriage with the victim. According to

          the allegation, he purchased the victim for Rs.3,00,000/-

          and the person who faciliated the marriage have been

          granted bail by coordinate Bench of this Court in

          Cr.Misc.No. 39199 of 2025 and Cr.Misc.39242 of 2025.

          The petitioner is under custody since 02.03.2025.

                       5. On the other hand, the learned counsel for

          he informant and learned APP for the State have opposed

          the prayer for bail by submitting that the victim is a

          minor child and the petitioner had purchased her for Rs.

          3,00,000/-.

                       6.    Considering          the     above    facts   and

          circumstances, specially the clean antecedents and

          period of incarceration of the petitioner i.e. near about

          nine months, let the petitioner above-named, be released

          on bail on furnishing bail bond of Rs. 10,000/-(ten

          thousand) with two sureties of the like amount each to

          the satisfaction of learned CJM, Katihar in connection

          with Kadwa P.S.Case No. 31 of 2025, subject to the

          conditions that the petitioner                shall cooperate in the

          disposal of trial and make himself available as and when

          required by the court.
       Patna High Court CR. MISC. No.54479 of 2025(6) dt.20-01-2026
                                                   3/3




                              7. One of the bailors of the petitioner shall

                 be the resident of the petitioner’s locality in Uttar

                 Pradesh (UP), since the petitioner is the native of

                 Uttar Pradesh (UP).




                                      (Nawneet Kumar Pandey, J)
HR/-

U

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