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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Amit Kumar was arrested in connection with a kidnapping case involving a minor, charged under Section 64(1) of the Bihar Narcotic Substances Act and Sections 3 and 4 of the POCSO Act. The petitioner claimed he was in a consensual relationship with the victim, had eloped and married her, and maintained a clean criminal record. The prosecution opposed his bail, but the victim’s statement was considered favorable. The court, after hearing the senior counsel for the petitioner and the state, allowed regular bail on the condition of a Rs.10,000 bond with two sureties. The petitioner was ordered to be released pending trial.

Issues considered

  • Whether bail should be granted to a person accused of kidnapping a minor under Section 64(1) B.N.S. and Sections 3 and 4 POCSO Act.
  • Whether the victim’s statement and the petitioner’s clean antecedents justify regular bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • POCSO Act
  • criminal procedure
  • victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85809 of 2025
                         Arising Out of PS. Case No.-70 Year-2025 Thana- Sri Nagar District- Purnia
                 ======================================================
                 Amit Kumar Son of Vikash Ram @ Kare Ram Resident of village - Faryani,
                 P.S.- Shri Nagar, District - Purnea.

                                                                                       ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar
           2.    XXX Son of Basir Ali Resident of village - Govindpur Faryani, P.S.- Shri
                 Nagar, District - Purnea.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.N.K. Aggarwal, Sr. Advocate
                                                    Mr.Bidhu Ranjan, Advocate
                 For the State             :        Mr.Madhura Nand Jha, APP
                 For the O.P. No. 2        :        Mr.Harendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   30-03-2026                    Heard Mr. N.K. Aggarwal, learned Senior Counsel

                   for the petitioner, learned counsel for the O.P. No. 2 and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with Shri

                   Nagar P.S. Case No. 70/2025 registered for the offences

                   punishable under Section 64(1) of B.N.S. and Sections 3 and 4

                   of POCSO Act.

                                 3. As per the prosecution case, petitioner is accused of

                   kidnapping the minor victim.

                                 4. Learned Senior Counsel for the petitioner submits

                   that petitioner is innocent and has falsely been implicated in the

                   present case. Learned Senior Counsel further submits that the
              Patna High Court CR. MISC. No.85809 of 2025(4) dt.30-03-2026
                                                          2/2




                        petitioner is an adolescent and was in relationship with the

                        victim girl and they both have eloped and got married.

                        Petitioner has clean antecedent and he is in custody since

                        14.07.2025. The petitioner undertakes to co-operate in the case/

                        trial.

                                     5. Learned counsel for the informant and learned APP

                        for the State have jointly opposed the prayer for regular bail of

                        the petitioner.

                                     6. Considering the statement of the victim girl, this

                        application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Additional District and Sessions

                        Judge-VI -cum- Special Judge (POCSO), Purnea /concerned

                        Court below in connection with                 Shri Nagar P.S. Case No.

                        70/2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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