Created by Fuzzy Cloud

Patna High Court

Sintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.