Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court inclined to enlarge bail and granted the petitioner regular bail.
Summary
Amarjeet Kumar was arrested for allegedly kidnapping the minor daughter of an informant, facing charges under Sections 137(2), 87 and 3(5) of the BNS and Sections 4 and 6 of the POCSO Act. The prosecution alleged that the petitioner abducted the child, while the defence argued that the victim, who is about 18 years old according to her age certificate and dental examination, voluntarily left home to be with the petitioner and that there was a consensual relationship. The victim’s statements under Sections 180 and 183 of the BNSS corroborated this claim. The petitioner has no prior criminal record and has been in judicial custody since 30‑10‑2025. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted to a person accused of kidnapping and offences under the POCSO Act.
- Whether the alleged consent and the victim’s age (18 years) negate the applicability of the POCSO provisions.
- Whether the petitioner’s lack of criminal antecedents and the circumstances warrant release on bail.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO
- minor
- consent
- age verification
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84721 of 2025
Arising Out of PS. Case No.-180 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Amarjeet Kumar S/O Mantun Bhagat @ Mantu Bhagat Resident of Village-
Rupanpatti, Hanuman Nagar, P.S.- Baligaon, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Chandeshwar Bhagat R/O Vill.- Mukumdpur, P.S.- Patepur, Dist.-
Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar, Advocate
Mr. Rajeev Ranjan No. II, Advocate
Ms. Priyanka Kumari, Advocate
Ms. Kumari Rupa, Advocate
Ms. Kumari Seema Singh, Advocate
For the State : Ms. Meena Singh, APP
For the Informant : Mr. Jainendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 137(2), 87
& 3(5) of the BNS and under Sections 4 & 6 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 for the petitioner submits that
during course of investigation the victim has given her
statement under Sections 180 and 183 of the BNSS. In her both
the statements she has stated that she was having affair outside
marriage with the petitioner and she wanted to marry the
petitioner. The family members were not ready to get the victim
Patna High Court CR. MISC. No.84721 of 2025(4) dt.19-02-2026
2/2
married to the petitioner and the victim has gone with the
petitioner on her own sweet-will. Learned counsel for the
petitioner has further submitted that from perusal of the age
certificate of the victim it is clear that her age is about 18 years
and from medical examination report it is clear that the Doctors
have opined that the dental age of the victim is above 18 years.
Learned counsel for the petitioner has further submitted that the
petitioner is having no criminal antecedent and he is languishing
in judicial custody since 30.10.2025.
5. Learned counsel for the Informant has vehemently
opposed the bail.
6. 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 released on bail in connection with
Patepur P.S. Case No. 180 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special court,
POCSO-cum-A.D.J.-VI, Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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