Patna High Court
Amit Kumar @ Amit Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application is disposed with liberty to approach the lower court for anticipatory bail, subject to a genuine compromise and the victim's support.
Summary
The petitioner, Amit Kumar, feared arrest in a POCSO case alleging kidnapping of a minor girl for marriage, under Sections 363, 366A and 34 of the IPC. He claimed innocence and asserted that the parties had amicably settled, filing a compromise petition. The High Court, after hearing counsel, disposed of the petition, directing the petitioner to seek anticipatory bail from the lower court. The lower court must verify the genuineness of the compromise and obtain the victim's (O.P. No. 2) support before granting bail. If the compromise is genuine, anticipatory bail may be granted upon furnishing a bail bond of Rs.10,000 with two sureties; otherwise, the lower court must pass an appropriate order as per law.
Issues considered
- Whether anticipatory bail can be granted in a case involving kidnapping and offences under Sections 363, 366A and 34 IPC pending a compromise.
- Whether a compromise is permissible and valid in offences of kidnapping and related crimes under the IPC.
- What conditions must be satisfied for the grant of anticipatory bail in such circumstances.
Legislation cited
- Indian Penal Code — s. 34, 363, 366A
Subjects
- anticipatory bail
- compromise
- kidnapping
- POCSO
- Indian Penal Code
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73552 of 2025
Arising Out of PS. Case No.-232 Year-2023 Thana- NIRMALI District- Supaul
======================================================
Amit Kumar @ Amit Kumar Sah Rambhu Kumar Sah @ Rambhu Sah
Resident of Village - Tharwahi, P.S.- Laukahi, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ram Babu Mandal S/o Shivji Mandal R/o Vilage Bajuband Ward No 2 P.S.
Adhramath Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Patla Kumari
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
POCSO Case No. 121 of 2024 arising out of Nirmali P.S. Case
No. 232 of 2023 registered for offences under Sections 363,
366A/34 of the IPC.
3. As per the prosecution case, the petitioner is alleged
to have kidnapped the victim girl with the intention of marrying
her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that both parties have amicably settled their
Patna High Court CR. MISC. No.73552 of 2025(4) dt.13-03-2026
2/2
disputes, and a compromise petition has been filed before the
Court below.
5. In these circumstances, the application is disposed
of with liberty to the petitioner to approach the Court below for
anticipatory bail. The Court below shall examine the
genuineness of the compromise petition. If the compromise is
found to be genuine and supported by O.P. No. 2 (the victim),
the petitioner shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000 (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below.
6. In the event the compromise is not genuine or is not
supported by O.P. No. 2, the Court below shall pass an
appropriate order in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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