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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The bail application was dismissed; the petitioner was not entitled to bail.

Summary

Pintu Kumar was arrested on 12 June 2025 in connection with a kidnapping case involving a six‑year‑old girl allegedly taken from a railway platform for human trafficking, under Sections 137(2) and 139(1) of the Bharatiya Nyay Sanhita, 2023. He applied for bail, claiming innocence and asserting that the allegations were fabricated and that he is a friend of the victim’s mother. The State opposed the bail, relying on the victim’s statement recorded under Section 183 of the same Act, which supported the prosecution’s case. The Court examined the seriousness of the charges, the victim’s corroborated statement, and the risk of tampering with evidence. Concluding that the allegations were grave and substantiated, the Court refused the bail application.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping and alleged human‑trafficking case under Sections 137(2) and 139(1) of the Bharatiya Nyay Sanhita, 2023.
  • Whether the victim’s statement recorded under Section 183 of the Bharatiya Nyay Sanhita suffices to deny bail.

Legislation cited

Subjects

  • kidnapping
  • human trafficking
  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Section 183
  • victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 29501 of 2026
                       Arising Out of PS. Case No.-454 Year-2025 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Pintu Kumar S/o- Bindeshwar Prasad @ Bindeshar Prasd R/v- Rasalpur PS-
                 Fatuha Dist-Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mithilesh Kumar Arya, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                        Heard Mr. Mithilesh Kumar Arya, learned counsel

                   for the petitioner and Mr. Sanjay Kumar Pandey, learned A.P.P.

                   for the State.

                                    2. The petitioner seeks bail, who is in custody since

                   12.06.2025 in connection with Pirbahore P.S. Case No. 454 of

                   2025, FIR dated 12.06.2025 registered for the offence under

                   Section 137(2), 139(1) of the Bharatiya Nyay Sanhita, 2023.

                                    3. Allegation against the petitioner is that he

                   kidnapped the victim, who is 6 years old from Fathua Railway

                   Platform no.6 with the intention of human trafficking or for

                   wrongful purpose.

                                    4. Learned counsel appearing for the petitioner

                   submits that the petitioner is innocent and he has falsely been

                   implicated in this case. He further submits that the allegation as
            Patna High Court CR. MISC. No. 29501 of 2026(2) dt.04-05-2026
                                                        2/2




                      alleged in the F.I.R. is false and fabricated and the petitioner has

                      not committed any offences as alleged in the F.I.R. Infact the

                      petitioner and mother of the victim are friends and the petitioner

                      is rotting in judicial custody since 12.06.2025.

                                      5. Learned A.P.P. for the State, on the other hand,

                      has vehemently opposed the prayer for bail of the petitioner and

                      submits that it appears from the impugned order that the victim

                      was examined and her statement was recorded under 183 BNSS

                      in which she has fully supported the case of the prosecution.

                                      6. Considering the facts and circumstances of the

                      case as well as taking into consideration the nature of allegation

                      against the petitioner supported by statement of the victim, I am

                      not inclined to enlarge the petitioner on bail in connection with

                      Pirabohore P.S. Case No. 454 of 2025, pending in the Court of

                      C.J.M., Patna.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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