Patna High Court
Amresh Kumar Ram @ Kumresh Kumar Ram @ KamleshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
Amresh Kumar Ram, the petitioner, was in custody since 29 January 2025 for alleged kidnapping of his niece under Sections 87 and 96 of the Bharatiya Nyay Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution alleged that the petitioner, along with others, abducted the child at night. The petitioner contended he has a clean record and that the FIR is fabricated; the child, who was a witness in a related POCSO case, turned hostile and did not support the prosecution. The Additional Public Prosecutor opposed bail, but the court noted the victim’s hostile testimony and the petitioner’s clean antecedent. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and POCSO case given the seriousness of the offences.
- Whether the victim's hostile testimony affects the bail considerations under the Bharatiya Nyay Sanhita and POCSO Act.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 87, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- kidnapping
- POCSO
- hostile witness
- criminal antecedent
- bail conditions
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72988 of 2025
Arising Out of PS. Case No.-293 Year-2024 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Amresh Kumar Ram @ Kumresh Kumar Ram @ Kamlesh Son Of Harendra
Ram Resident Of Village - Loharpatti, P.s.- Kuchaikote, Dist.- Gopalganj
Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arjun Kumar Singh S/O Umesh Kumar Singh R/O Vill.- Loharpatti, P.O.-
Nechuajalalpur, P.S.- Kuchaikote, Dist.- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 10-03-2026 Despite valid service of notice, no one appeared on
behalf of Opposite Party No.2.
2. Heard Mr. Ranjan Kumar Srivastava, learned
counsel for the petitioner as well as Mr. Sanjay Kumar Sharma,
learned Additional Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
29.01.2025 in connection with Kuchaikote P.S. Case No. 293 of
2024, F.I.R. dated 06.07.2024 for the offences punishable under
Sections 87 and 96 of the Bharatiya Nyay Sanhita, 2023 and
Section 4/6 of the POCSO Act.
4. According to prosecution case, the informant
alleged that the petitioner along with other accused persons
Patna High Court CR. MISC. No.72988 of 2025(7) dt.10-03-2026
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came in a vehicle during night and kidnapped his niece, namely,
Shivani Singh.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. Infact the victim was deposed in POCSO Case No.41 of
2025 as PW-1 on 31.07.2025 and she has not supported the case
of the prosecution (Annexure-2) and it appears from the
deposition of the victim that she has become hostile and the
petitioner is in custody since 29.01.2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
and the fact that the victim did not support the case of the
prosecution in her deposition before the learned trial court, 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 the learned Additional
Session Judge-VI-cum-Special Judge, POCSO, Gopalganj in
connection with Kuchaikote P.S. Case No. 293 of 2024, subject
Patna High Court CR. MISC. No.72988 of 2025(7) dt.10-03-2026
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to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that 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 bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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