Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 64(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
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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