Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions, including the informant acting as a bailor.
Summary
The petitioner, Aman Kumar, was arrested in connection with a case alleging kidnapping, attempted marriage of a minor, and offences under the POCSO Act. The prosecution alleged that the petitioner had enticed the informant's minor daughter away for marriage, invoking IPC sections 363 and 366A and POCSO section 17. The petitioner contended that the alleged victim was now an adult who had voluntarily married him, and that the parties had reached a compromise, submitting a petition to that effect. The State opposed bail, but the court, noting the compromise and the victim's current residence with the petitioner, ordered bail on the condition that the informant act as a surety and other procedural safeguards. The bail was set at Rs. 10,000 with two additional sureties, subject to compliance with attendance and verification conditions.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged kidnapping and POCSO offences given the alleged compromise between parties
- Whether the informant can be appointed as a bailor under the circumstances
Legislation cited
- Indian Penal Code — s. 363, 366A
- Prevention of Children from Sexual Offences Act, 2012 — s. 17
Subjects
- bail
- kidnapping
- abduction
- POCSO
- compromise
- Indian Penal Code
- Section 363
- Section 366A
- Section 17
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83753 of 2025
Arising Out of PS. Case No.-137 Year-2024 Thana- PATEPUR District- Vaishali
======================================================
Aman Kumar S/O Jagarnath Sahni R/O Village and P.S.- Ujiyarpur, District-
Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/O YYY R/O Vill.- Nirpur, P.s.- Patepur, Dist.- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with Patepur
P.S. Case No. 137 of 2024 dated 16.05.2024 registered for the
offences under Sections 363, 366A of the Indian Penal Code and
Section 17 of the Prevention of Children from Sexual Offences
Act.
3. As per the prosecution case the informant had
alleged that his minor daughter had gone for coaching and
thereafter she did not return. It is alleged that the petitioner and
others had enticed away the daughter of the informant with an
intention for marriage.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.83753 of 2025(2) dt.05-01-2026
2/4
that the petitioner has falsely been implicated in this case and, in
fact, the victim had left her house out of her own freewill and
the same was in the full knowledge of the informant and others.
It has been submitted that the allegations of kidnapping or
abduction is false and, in fact, informant’s daughter is a major
and she had married with the petitioner Aman Kumar out of her
own freewill and consent and at present, it has been submitted
that she is living with the petitioner’s family at his house and the
parties have also compromised the dispute and they have also
filed a petition in this regard before the learned trial court which
has been brought on record by way of Annexure-P2. Learned
counsel for the petitioner submits that it would suffice if the
informant is directed to be made one of the bailors for
furnishing the bail bonds on behalf of the petitioner.
5. The petitioner is in custody since 26.08.2025 in this
case.
6. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
7. Considering the facts and circumstances of the case
and taking into account the submissions made by the learned
counsel for the petitioner and the fact that the parties have
compromised and the victim has been recovered and is living at
Patna High Court CR. MISC. No.83753 of 2025(2) dt.05-01-2026
3/4
her in-laws house, the petitioner is directed to be released on
bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge VI-cum-Special Judge, POCSO Act, Vaishali at Hajipur in
connection with Patepur P.S. Case No. 137 of 2024 subject to
the following terms and conditions:
(i) One of the bailors will be the informant of the
present case namely xxx;
(ii) the petitioner will remain present on each and
every date fixed, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the trial court 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 trial court
shall take step for cancellation of bail bonds of the petitioner.
However, the acceptance of bail bonds in terms of the above
mentioned order shall not be delayed for purpose of the same on
in the name of verification.
7. It is made clear that the observations, if any, made
Patna High Court CR. MISC. No.83753 of 2025(2) dt.05-01-2026
4/4
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
Checking your session…