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Patna High Court

Pintu Sah @ Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail and ordered the petitioner to surrender.

Summary

The petitioner, Pintu Kumar, was named in an FIR alleging his participation in the kidnapping of a 14‑year‑old girl and related offences under the Bharatiya Nyaya Sanhita, the Information Technology Act and the POCSO Act. The informant claimed the girl was abducted twice, photographed and threatened with viral distribution, and feared she might be sold. The petitioner contended that he was falsely implicated, that the FIR was lodged after an unreasonable delay, and that he has no criminal record. He applied for anticipatory bail, which was opposed by the State. After hearing both sides, the High Court declined to grant anticipatory bail, directing the petitioner to surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the serious allegations of kidnapping and child sexual offences.
  • Whether the delay in lodging the FIR and the claim of false implication affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • child sexual offences
  • Bharatiya Nyaya Sanhita
  • IT Act
  • POCSO Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3407 of 2026
                        Arising Out of PS. Case No.-279 Year-2024 Thana- KHAIRA District- Saran
                 ======================================================
                 Pintu Sah @ Pintu Kumar S/o- Late Kanhaiya Sah R/v- Khodaibagh P.S.-
                 Khaira Dist- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sanaullah @ Md. Sanaullah S/o- Late Md. Mojib Miyan R/v- Khodaibagh
                 P.S.- Khaira District- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :       Dr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   22-04-2026                       1. Heard learned counsel for the petitioner and

                   learned APP for the State. No one appears for the opposite party

                   no.2.

                                   2. The petitioner in this application prays for bail

                   apprehending his arrest in connection with Khaira P.S. Case

                   no.279 of 2024 registered for the offence punishable under

                   section 137(2) of the Bharatiya Nyaya Sanhita, 2023 to which

                   sections 351(2), 140 and 3(5) of the Bharatiya Nyaya Sanhita,

                   section 66 of the I.T. Act and sections 11 and 12 of the POCSO

                   Act were added subsequently.

                                    3. As per the prosecution case, the informant states

                   that his 14 year old daughter had been kidnapped on an earlier
Patna High Court CR. MISC. No.3407 of 2026(4) dt.22-04-2026
                                            2/3




          occasion by the four named accused persons including the

          petitioner herein. She was subsequently released after four days

          on police pressure. It is further stated that she disclosed that the

          accused persons had recorded her objectionable photos and

          videos and threatened that they would make the same viral. She

          has once again been kidnapped on 14.11.2024 by the accused

          persons which was seen by the informant. The informant finally

          states that he apprehends that she may be sold by them.

                          4. Learned counsel for the petitioner submits that

          the petitioner has been falsely implicated in the case. No such

          occurrence as alleged in the FIR has taken place and the

          petitioner has no concern with the daughter of the informant. It

          is for this reason that not only the petitioner but his sister,

          brother and mother had already been made accused. There is no

          explanation whatsoever for the delay of ten days in lodging of

          the FIR. In fact, the daughter of the informant was in the habit

          of leaving her house but used to return back after some days.

          The allegations levelled against the petitioner are all false and

          concocted. The petitioner has no criminal antecedent.

                        5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Having heard learned counsel for the parties and
            Patna High Court CR. MISC. No.3407 of 2026(4) dt.22-04-2026
                                                        3/3




                      taking into consideration the allegations against the petitioner in

                      the FIR according to which the petitioner and others were seen

                      kidnapping the daughter of the informant together with the

                      victim not having been recovered yet, the Court is not inclined

                      to enlarge the petitioner on anticipatory bail and the application

                      is rejected.

                                   7. The petitioner is directed to surrender in the learned

                      Court below within a period of four weeks.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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