Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83753 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Aman Kumar S/O Jagarnath Sahni R/O Village and P.S.- Ujiyarpur, DistrictSamastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XXX S/O YYY R/O Vill.- Nirpur, P.s.- Patepur, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Bela Singh, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner seeks bail in connection with Patepur P.S. Case No. 137 of 2024 dated 16.05.2024 registered for the offences under Sections 363, 366A of the Indian Penal Code and Section 17 of the Prevention of Children from Sexual Offences Act.
3. As per the prosecution case the informant had alleged that his minor daughter had gone for coaching and thereafter she did not return. It is alleged that the petitioner and others had enticed away the daughter of the informant with an intention for marriage.
4. Learned counsel for the petitioner has submitted
2/4 that the petitioner has falsely been implicated in this case and, in fact, the victim had left her house out of her own freewill and the same was in the full knowledge of the informant and others. It has been submitted that the allegations of kidnapping or abduction is false and, in fact, informant's daughter is a major and she had married with the petitioner Aman Kumar out of her own freewill and consent and at present, it has been submitted that she is living with the petitioner's family at his house and the parties have also compromised the dispute and they have also filed a petition in this regard before the learned trial court which has been brought on record by way of Annexure-P2. Learned counsel for the petitioner submits that it would suffice if the informant is directed to be made one of the bailors for furnishing the bail bonds on behalf of the petitioner.
5. The petitioner is in custody since 26.08.2025 in this case.
6. Learned APP has vehemently opposed the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner and the fact that the parties have compromised and the victim has been recovered and is living at
3/4 her in-laws house, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge VI-cum-Special Judge, POCSO Act, Vaishali at Hajipur in connection with Patepur P.S. Case No. 137 of 2024 subject to the following terms and conditions:
(i) One of the bailors will be the informant of the present case namely xxx;
(ii) the petitioner will remain present on each and every date fixed, if so required by the learned Trial Court; (iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) the trial court shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the trial court shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
7. It is made clear that the observations, if any, made
4/4 in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T