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
- Bihar Non-Compulsory Statutory ... (BNSS) — s. 183
- Indian Penal Code — s. 34, 363, 366-A, 504
- Protection of Children from Sexual Offences Act — s. 17, 8
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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