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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

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

Summary

The petitioner, Kundan Kumar, was arrested in connection with a case alleging kidnapping of the informant's minor daughter and offences under the IPC and POCSO Act. The informant’s statement did not allege any sexual misconduct, and the petitioner contended that after the girl turned 18 she married him. He had been in custody since 14 July 2025. The State opposed bail, arguing that the kidnapping occurred while the girl was a minor. The court, taking note of the subsequent marriage, decided to grant bail on condition of a Rs.10,000 bond and two sureties, while emphasizing that the order was prima facie and not a determination on the merits.

Issues considered

  • Whether bail should be granted to an accused of kidnapping and POCSO offences when the alleged victim, now an adult, has married the accused.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • marriage
  • minor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6497 of 2026
                   Arising Out of PS. Case No.-239 Year-2023 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 Kundan Kumar S/O Sri Raj Kumar Rai R/O Village- Hakimbad, P.S- Mufassil
                 Samastipur, Distt.- Samastipur.
                                                                       ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar Bihar
           2.     Chote Lal Choudhary S/O Late Ramji Choudhary R/O Village- Hakimbad,
                  P.S- Muffasil Samastipur, Distt.- Samastipur.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shivam, Adv.
                 For the Opposite Party/s :      Mr.Umesh Lal Verma, APP
                 For the Informant        :      Mr.Hemant Ray, Adv.
                                                 Mr.Sharad Kumar Verma, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   05-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Samastipur Muffasil P.S. Case No. 239 of 2023 instituted for the

                   offences under Sections 363, 366-A, 504 and 34 of the I.P.C and

                   Sections 8 and 17 of the POCSO Act.

                                3. The allegation is that the petitioner kidnapped the

                   minor daughter of the informant. The instant case being

                   Samastipur Muffasil P.S. Case No. 239 of 2023 was lodged. In

                   her statement under Section 183 of BNSS the lady has not

                   alleged any sexual misconduct against the petitioner.

                                4. Learned counsel for the petitioner reveals that after

                   completing 18 years, the girl married with the petitioner again.

                   The petitioner is in custody since 14.07.2025 and has got one
           Patna High Court CR. MISC. No.6497 of 2026(4) dt.05-05-2026
                                                       2/2




                     criminal antecedent.

                                  5. Learned A.P.P. for the State and learned counsel for

                     the Informant Mr. Hemant Rai has vehemently opposed the

                     prayer for grant of bail to the petitioner stating therein that at the

                     time when the girl was admittedly a minor and thus a case of

                     kidnapping was made out.

                                  6. Considering the marriage of the parties, this Court

                     is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

                     the like amount each to the satisfaction of learned Additional

                     Session        Judge-VI         cum        Special   Court   POCSO,

                     Samastipur/concerned Court              in connection with Samastipur

                     Muffasil P.S. Case No. 239 of 2023.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                       (Ansul, J)
abhishekkr/-

U      T


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