Patna High Court
Aman Kumar singhversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to a bond and sureties.
Summary
Aman Kumar Singh was arrested in connection with a kidnapping case involving the minor daughter of an informant, alleged under Sections 96, 3(5), 137(2) of the B.N.S., 2023 and Section 8 of the POCSO Act. The prosecution claimed the petitioner abducted the child, while the defence argued that the victim voluntarily accompanied the petitioner, as reflected in her statements recorded under Sections 180 and 183 of the B.N.S. The victim also refused a medical examination, weakening the prosecution's case. The petitioner, who has no prior criminal record and has been in custody since 30‑06‑2025, applied for bail. After hearing both sides, the High Court found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge handling the POCSO matter.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case involving a minor under the POCSO Act and B.N.S. provisions.
Legislation cited
- B.N.S., 2023 — s. 137(2), 180, 183, 3(5), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- kidnapping
- minor
- POCSO Act
- B.N.S.
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83538 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- Kharagpur District- Munger
======================================================
Aman Kumar singh son of Kundan singh Resident Of Village- Khand Bihari
Ps- Haveli Khadakpur District- Munger
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y Resident Of Village- Khand Bihari, Post- Saitha, Ps- Haveli
Khadakpur District- Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 27-01-2026 Heard Mr. Niranjan Parihar, learned counsel for the
petitioner and Mr. Umeshanand Pandit, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Kharagpur P.S. Case No. 142 of 2025 registered for the
offence punishable under Sections 96, 3(5), 137(2) of the
B.N.S., 2023 and Section 08 of the POCSO Act.
3. The case of the prosecution in short is that the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.83538 of 2025(3) dt.27-01-2026
2/3
case. Learned counsel for the petitioner submits that during the
course of investigation, the victim was recovered and her
statements were recorded under Sections 180 and 183 of the
BNSS. In her statement recorded under Section 180 of the
BNSS, she stated that the petitioner came to her house, packed
her bag, and thereafter they went to Bariyarpur Station. From
there, they went to Bhagalpur, then from Bhagalpur to Patna,
and from Patna to Delhi. They stayed in the room of one Aman.
When the landlord of Aman started making inquiries about the
victim, they were apprehended. A similar statement has been
given by the victim in her statement recorded under Section 183
of the BNSS.
5. Learned counsel for the petitioner further submits
that the victim has denied undergoing medical examination.
From a perusal of the statements of the vcitim recorded under
Sections 180 and 183 of the BNSS, it is clear that she had gone
with the petitioner of her own will. There is no allegation that
she was enticed or forced to go with the petitioner. He further
submits that a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 30.06.2025.
6. The application for bail is opposed by learned APP
Patna High Court CR. MISC. No.83538 of 2025(3) dt.27-01-2026
3/3
for the State.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge (POCSO)-cum-ADJ-VI, Munger in
connection with Kharagpur P.S. Case No. 142 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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