Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15928 of 2025 Arising Out of PS. Case No.-424 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Aman Kumar Son of Ashok Mahto, Resident of Village - Purantand, P.S. - Lalganj, District - Vaishali.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Gopali Sahni Son of Late Tetar Sahni, Resident of Village - Sirsa Ghasi, P.S. - Lalganj, District - Vaishali.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Ms. Bela Singh, Advocate For the Opposite Party :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Lalganj P.S. Case No. 424 of 2024, dated 16.11.2024 registered for the offences punishable under Section 96 read with Section 3(5) of the B.N.S., 2023 and under Section 4 of POCSO Act.

3. As per the prosecution case, the informant's minor daughter left house early morning on 13.11.2024 and when she did not return back, the informant started searching for her and on the next day the informant received information that his daughter has been kidnapped by the petitioner forcefully for the purpose of solemnizing marriage. It is further alleged

Patna High Court CR. MISC. No.15928 of 2025(2) dt.19-04-2025 2/3 that when the informant reached the house of petitioner, his signature was taken on the plain paper on gun point and the petitioner also refused to return his daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the alleged occurrence took place on 13.11.2024, while the FIR has been instituted on 16.11.2024, after a delay of three days without any explanation for the said delay and only to harass the petitioner. He has further submitted that there is no eyewitness to the alleged occurrence. He has further submitted that the victim girl has been recovered and her statement was recorded under Section 180 of the BNSS and under Section 183 of the BNSS in which she has not supported the case of the prosecution and in her statement recorded under Section 183 of the BNSS, the victim has also stated that she has solemnized marriage with the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 18.11.2024.

5. Learned counsel for the informant has submitted that a compromise has taken place between both the sides.

6. Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.15928 of 2025(2) dt.19-04-2025 3/3 petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, petitioner's period of custody and also the fact that a compromise has already taken place between both the sides, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judgecum-Exclusive Special Additional Sessions Judge, POCSO, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 424 of 2024.

8. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T