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Patna High Court

Aman Kumar singhversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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