Patna High Court
Indal Kumar @ Indal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner subject to a bond, sureties and conditions under Section 482(2) of the BNSS of 2023.
Summary
The petitioner, Indal Kumar, was arrested in connection with a kidnapping case (PS case No.70/2024) alleged under Sections 366A and 34 of the IPC and Sections 8 and 14 of the POCSO Act. He claimed that the alleged victim was his consensual partner, that they had married according to Hindu customs and had a male child, and that he had no prior criminal record. The State opposed his pre‑arrest bail, citing the seriousness of the offences. The High Court, after noting the love relationship, marriage and child, ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS of 2023. The court also directed the district court to verify any other criminal antecedents, which would cause the bail order to lapse if found.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite charges under Sections 366A, 34 IPC and Sections 8, 14 POCSO.
- Whether the existence of a consensual relationship, marriage and a child influences the bail decision.
- Whether conditions under Section 482(2) of the BNSS of 2023 are applicable to the bail order.
Legislation cited
- Indian Penal Code — s. 34, 366A
- Protection of Children from Sexual Offences Act — s. 14, 8
Subjects
- pre‑arrest bail
- kidnapping
- love marriage
- IPC
- POCSO
- Section 366A
- Section 34
- Section 8 POCSO
- Section 14 POCSO
- Section 482(2) BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.597 of 2026
Arising Out of PS. Case No.-70 Year-2024 Thana- RIGA District- Sitamarhi
======================================================
Indal Kumar @ Indal Mahto S/O Ram Pravesh Mahto R/O Village-Ijhariya,
PS- Riga, District-Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Late Chetan Mahto R/O Village- Ijhariya Ward no.- 5, PS- Righa,
District-Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Prasad Singh, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 02-04-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Riga P.S.Case No.70 of 2024, registered for the offences
punishable under Sections 366A and 34 of the Indian Penal
Code and Section 8 and 14 of POCSO Act.
3. As per the allegations made in the FIR, the daughter
of the informant was allegedly kidnapped by the co-accused
persons, including the petitioner, with a bad intention.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has been
falsely implicated in the present case. It is further submitted that
Patna High Court CR. MISC. No.597 of 2026(3) dt.02-04-2026
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the petitioner and the alleged victim were in a consensual love
relationship and have solemnized their marriage in accordance
with Sanatan Dharma and customs. It is also submitted that out
of the said wedlock, they have been blessed with a male child.
Petitioner is aged about 19 years and he has no criminal
antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties, as well as, considering the fact that there
was love affair between the petitioner and the victim girl, they
have got married and blessed with a male child, the petitioner is
directed to be released on pre-arrest bail, in the event of his
arrest or surrender before the learned district court within a
period of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned District and Addl.
Sessions Judge VI, Sitamarhi/concerned court, in connection
with Riga P.S.Case No.70 of 2024, subject to conditions as laid
down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
Patna High Court CR. MISC. No.597 of 2026(3) dt.02-04-2026
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petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
U T
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