Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is permissible where the petitioner demonstrates a plausible claim of false accusation and agrees to surrender, subject to statutory conditions.
Summary
The petitioner, Sintu Kumar, faced arrest in Hasanpur P.S. Case No. 157 of 2024 for multiple serious offences including rape under various sections of the BNS, the POCSO Act and the SC/ST, POA Act. He contended that the case was false, arising from a broken personal relationship with the informant who lodged the complaint. The petitioner applied for bail, asserting his innocence and the likelihood of surrender. The court examined the allegations of a false case and the petitioner’s willingness to appear before the lower court. Considering these factors, the court granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, with the condition of surrender within four weeks. The bail order was made under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the charges
- Whether the alleged personal motive behind the complaint warrants bail
Legislation cited
- BNS — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 64, 89
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- POCSO Act — s. 4, 6
- SC/ST (POA) Act — s. 3(1)(x), 3(1)(xii)
Subjects
- anticipatory bail
- false accusation
- rape
- POCSO Act
- SC/ST Act
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50236 of 2025
Arising Out of PS. Case No.-157 Year-2024 Thana- HASANPUR District- Samastipur
======================================================
Sintu Kumar S/o- Grindeo Sharma @ Grindev Sharma Resident of village-
Bangraha PS- Hasanpur District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Komal Kumari D/o- Late Fulo Paswan Resident of village- Vaida, Bangraha,
PS- Hasanpur District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh
For the Opposite Party/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Hasanpur P.S. Case No. 157 of 2024 registered
for the offence under Sections 115(2), 126(2), 64, 303(2), 352,
89, 351(2), 3(5) of the BNS, under Sections 4/6 of the POCSO
Act and under Sections 3(1)(x), 3(1)(xii) of the SC/ST, POA
Act.
3. As per the prosecution case, the petitioner is
said to have committed rape with the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.50236 of 2025(5) dt.26-02-2026
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been implicated in this case. He further submits that the
petitioner and the informant were in relationship and after the
relation turned sour, this false case has been filed by the
informant.
5. Learned counsel for the informant has
vehemently opposed the application of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below where the case is pending in connection with
Hasanpur P.S. Case No. 157 of 2024, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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