Aman Kumar Das @ Aman Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Aman Kumar Das @ Aman Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail: petitioner to be enlarged upon furnishing a bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Samastipur, in connection with Chakmehsi P.S. Case No. 186 of 2024.

Issue for consideration

Whether the petitioner, arraigned in Chakmehsi P.S. Case No. 186 of 2024 (offences punishable under Sections 137(2), 96 and 3(5) of the BNS, 2023) for alleged involvement in the kidnapping of the informant's minor daughter, should be enlarged on bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court was inclined to enlarge the petitioner on bail, notwithstanding the prosecution's contention that the victim's Section 183 BNSS statement was made under coercion and later retracted.

Ratio / Principle

The petitioner was directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Samastipur, in connection with Chakmehsi P.S. Case No. 186 of 2024.

Detailed headnote1 paragraphs

BAIL GRANTED — oral order dated 12-05-2025. The Patna High Court (S. B. Pd. Singh, J) enlarged Aman Kumar Das @ Aman Kumar on bail in Chakmehsi P.S. Case No. 186 of 2024, District Samastipur, registered for offences punishable under Sections 137(2), 96 and 3(5) of the BNS, 2023. Per the FIR, four named accused including the petitioner acted with common intention to kidnap the informant's minor daughter; accused Chandan Kumar carried her off on a motorcycle; the petitioner was caught with the help of villagers while three accused escaped, and he was handed over to the police whereafter the FIR followed. Petitioner's counsel urged false implication and relied on the victim's Section 183 BNSS statement, in which she deposed that after a quarrel between her parents she left home at her own sweet will, stayed ten days at her friend Radhika's house, blamed her mother's scolding, and nowhere named the petitioner; the APP for the State and the informant's counsel countered that the statement was made under the petitioner's coercion but was later retracted. Counsel further submitted the petitioner was in judicial custody since 23.11.2024. Considering the facts and circumstances, the Court directed enlargement on a bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Samastipur.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10496 of 2025

Arising Out of PS. Case No.-186 Year-2024 Thana- CHACKMEHSI District- Samastipur

======================================================

Aman Kumar Das @ Aman Kumar S/o Arun Das R/o village - Chakmehsi , Police Station - Chakmehsi , District - Samastipur

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar-1 For the Informant Mr. Ranjan Kumar, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

3 12-05-2025

Heard learned counsel for the petitioner, learned

counsel for the informant and learned APP for the State.

The petitioner has prayed for bail in connection

Chakmehsi P.S. Case No. 186 of 2024 registered for the offence punishable under sections 137(2), 96, 3(5) of the BNS, 2023.

As per allegation in the FIR, on the alleged date of occurrence, minor daughter/victim girl of the informant went to purchase some house hold articles from a nearby shop, in the meanwhile four FIR named accused persons including this petitioner with a common intention to kidnap her daughter, accused Chandan Kumar took the victim girl

Patna High Court CR. MISC. No.10496 of 2025(3) dt.12-05-2025 2/3

on a motorcycle. With the help of villagers, petitioner was caught and three accused managed to escape and later on handed over to the police and thereafter the present FIR.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Statement of the victim girl has been recorded u/s 183 of the BNSS in which she deposed that due to quarrel between her parents she left her house at her own sweet will and went to her friend Radhika’s house for ten days. She blamed her mother that she used to scold her. In her entire statement, nowhere she has taken the name of the petitioner for any offence. Moreover, petitioner is languishing in judicial custody since 23.11.2024.

The application for bail is opposed by learned APP for the State and learned counsel for the informant and submit that victim girl has given her statement u/s 183 of the BNSS under coercion of the petitioner but later on she retracted from her statement.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above

Patna High Court CR. MISC. No.10496 of 2025(3) dt.12-05-2025 3/3

named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class, Samastipur in connection with Chakmehsi P.S. Case No. 186 of 2024.

(S. B. Pd. Singh, J)

sushma/-

U