Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 139(1), 183
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
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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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