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Patna High Court

Pintu Kumar @ Pintu Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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