Patna High Court
Pappu Kumar @ Pappu Saw @ Pappu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to the stipulated bond and surety conditions.
Summary
Petitioners Pappu Kumar and his wife Rajani Devi, parents of alleged kidnapper Shubham Kumar, feared arrest in a case involving the kidnapping of a minor. They were implicated under several provisions of the Bharatiya Nyaya Sanhita, the SC/ST (Prevention of Atrocities) Act and the POCSO Act, although the victim’s statement under Section 183 of the BNS did not allege any wrongdoing by them. The petitioners contended that they were innocent and were being made accused solely due to their relationship with the co‑accused. The State opposed the bail application. The court, considering the nature of the accusations and the victim’s statement, granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the parents of an alleged kidnapper who are named as accused solely on the basis of their relationship with the co‑accused.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 137(2), 183, 3(5), 351(2), 482(2), 65(1), 77, 96
- Protection of Children from Sexual Offences Act — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- parental liability
- kidnapping
- child protection
- SC/ST Act
- Bharatiya Nyaya Sanhita
- POCSO Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80094 of 2025
Arising Out of PS. Case No.-503 Year-2025 Thana- FATUA District- Patna
======================================================
1. Pappu Kumar @ Pappu Saw @ Pappu Sah S/o- Late Dina Nath Sah R/v-
Imali Chowk Raipura, PS- Fatuha, Dist- Patna
2. Rajani Devi W/o- Pappu Kumar @ Pappu Saw @ Pappu Sah R/v- Imali
Chowk Raipura, PS- Fatuha, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX W/o- YYY R/v- Raipura Ward no. 21 PS- Fatuha Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Ambastha, Advocate
For the Opposite Party/s : Mr. Binay Krishna, A.P.P.
For the O.P. No. 2 : Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 31-03-2026 Heard learned counsel for the petitioners informant
and learned A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 65(1),
77, 137(2), 96, 351(2), 3(5) of the Bharatiya Nyaya Sanhita,
Sections 3(1)(r)(s)(w) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act and Sections 4, 6 of the
Protection of Children from Sexual Offences Act.
3. As per F.I.R., co-accused Shubham Kumar
kidnapped minor daughter of the informant. These petitioners
are parents of co-accused Shubham Kumar.
Patna High Court CR. MISC. No.80094 of 2025(4) dt.31-03-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioners have been made accused in this case merely because
happen to be parents of co-accused Shubham Kumar. Victim in
her statement, recorded under Section 183 BNSS has not alleged
any wrong against these petitioners.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation and statement of
the victim recorded under Section 183 BNSS, this anticipatory
bail is allowed and it is ordered that the above named petitioners
in the event of their arrest/surrender before the court below
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Additional District & Sessions Judge-VII cum Special
Judge POCSO, Patna in connection with Fathuha P. S. Case No.
503 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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