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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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          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
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                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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