Patna High Court
Pintu Kumar @ Pintu Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Pintu Kumar Paswan, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 137(2), 96 and 3(5) of the B.N.S., alleging kidnapping of a minor girl for marriage. The prosecution alleged that the informant’s minor daughter was abducted by the accused with the intention of marrying her. The petitioner contended that the relationship was consensual, that they had already solemnised marriage, and that the victim herself, in a statement under Section 183 of the B.N.S.S., denied any kidnapping. The State opposed the grant of anticipatory bail. The Court, considering the victim’s statement, the petitioner’s clean antecedents and the surrounding facts, allowed the prayer for anticipatory bail subject to bail‑bond and surety conditions under Section 482(2) of the B.N.S.S. The order directed that if arrested within eight weeks, the petitioner be released on bail upon furnishing the stipulated bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the kidnapping allegations
- Whether the victim’s statement under Section 183 negates the prosecution’s case
- Whether the petitioner’s clean antecedents justify bail under Section 482(2)
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- minor
- consensual marriage
- victim statement
- Section 183
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80819 of 2025
Arising Out of PS. Case No.-299 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Pintu Kumar @ Pintu Kumar Paswan S/O Umesh Paswan R/O Village-
Bahuarwa, Ward No. 7, P.S- Majhauliya, Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Santosh Kumar Prasad S/O Udit Chandra Prasad R/O Village- Bahuarawa,
Ward No. 7, P.S- Majhauliya, Dist.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sarvesh Kashyap, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-04-2026 Heard Mr. Sarvesh Kashyap, learned counsel
appearing on behalf of the petitioner and Mr. Pramod Kumar
Pandey, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 137(2), 96
and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that on 17.05.2025
at about 8 AM, minor daughter of informant went to school but
did not return. Upon search, informant came to know that all the
F.I.R. named accused persons, including this petitioner, have
kidnapped his minor daughter with the intention to marry her.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.80819 of 2025(4) dt.22-04-2026
2/3
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, daughter of
informant and this petitioner used to study together in the same
coaching classes and both of them fell in love with each other
and left their house, out of their own sweet will and have
already solemnized marriage. The aforesaid fact has also been
fortified by the victim herself in her statement recorded under
Section 183 of the B.N.S.S. wherein she has denied the factum
of kidnapping and has categorically stated that she willingly left
her parental house with this petitioner and both of them have
already solemnized marriage. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 183 of the
B.N.S.S. and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.80819 of 2025(4) dt.22-04-2026
3/3
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, POCSO-cum-
D.A.S.J. VIth, Bettiah, West Champaran in connection with
Majhauliya P.S. Case No. 299 of 2025, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…