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Patna High Court

Pappu Kumar @ Pappu Saw @ Pappu SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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