Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioner.
Summary
Amresh Kumar, a 22‑year‑old with no prior record, was arrested on 12‑Nov‑2025 in connection with a kidnapping case involving the minor daughter of an informant, charged under Sections 132(2) and 96 of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, asserting that the victim’s statement under Section 183 of the B.N.S.S. exonerated him and that she had married him. The State and the informant opposed bail, citing the seriousness of the alleged offence. The court considered the petitioner’s age, clean antecedent, and the victim’s statement, and ordered his release on regular bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail was directed to be satisfied before the Exclusive Special Judge, POCSO, Sheohar.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of kidnapping a minor under Sections 132(2) and 96 of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 132(2), 183, 96
Subjects
- bail
- kidnapping
- minor
- Bharatiya Nyaya Sanhita
- regular bail
- criminal procedure
- POCSO
- false implication
- marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.852 of 2026
Arising Out of PS. Case No.-351 Year-2025 Thana- SHEOHAR District- Sheohar
======================================================
Amresh Kumar S/o Sundeshwar Das @ Sunadeshwar Das @ Nanak Das RO
Village - Kahtarwa, PS- Fatehpur, District- Sheohar
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o vill - Kahtarwa, P.S.- Fatehpur, Distt.- Sheohar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shambhavi Priya, Advocate
Ms. Chetna, Advocate
Mr. Jitendra Kumar, Advocate
Mr. Naveen Kumar, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
For the Informant : Mr. Devendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in a case registered
for the offences punishable under Sections 132(2) and 96 of the
Bharatiya Nyaya Sanhita.
3. It is alleged that petitioner along with other accused
persons kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Further submission is that the victim in her
statement recorded u/s 183 of B.N.S.S. has not made any
Patna High Court CR. MISC. No.852 of 2026(3) dt.23-02-2026
2/2
allegation against the petitioner and she stated that nothing
illegal has been committed against her by the petitioner. She
also stated that she has solemnized marriage with the petitioner.
Petitioner is a young boy of 22 years and he is in custody since
12.11.2025. Petitioner has no criminal antecedent and he
undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State and learned counsel for
the informant oppose the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, nature of allegation against the petitioner, age of the
petitioner and clean antecedent, let the above named petitioner
be released on bail 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 Judge, POCSO,
Sheohar in connection with Sheohar (Fatehpur) P.S. Case No.
351 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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