Patna High Court
Amrish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
Amrish Kumar, accused of kidnapping a girl under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act, sought regular bail after being in custody since September 2, 2025. The prosecution alleged his involvement in the kidnapping, while the petitioner claimed innocence and a clean antecedent. The court examined the victim's statement, which indicated that she left her house voluntarily and made no allegation against the petitioner. Relying on the lack of incriminating evidence against the petitioner, the court found no substantive ground to deny bail. Consequently, the court ordered the release of the petitioner on bail with a cash bond of Rs. 10,000 and two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused under the Bharatiya Nyaya Sanhita and POCSO Act charges.
- Whether the victim's statement negates the prosecution's allegation of kidnapping sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- regular bail
- kidnapping
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81738 of 2025
Arising Out of PS. Case No.-171 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Amrish Kumar S/O Udeshvar Prasad R/O - Bhutauli Malpa P.S- Chautham,
Dist- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anuranjan Kumar S/O Suresh Prasad R/O - Bhutauli Malpa P.S- Chautham,
Dist- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishi Sinha
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chautham P.S. Case No. 171 of 2025 registered for the offence
under Section(s) 96, and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 8 of the POCSO Act.
3. As per the prosecution case, the petitioner along
with others is accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 02.09.2025 and claims clean
antecedent.
Patna High Court CR. MISC. No.81738 of 2025(4) dt.25-03-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl it appears that she had left her house on her
own and there is no allegation against the petitioner.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is
pending/successor Court in connection with Chautam P.S. Case
No. 171 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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