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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court confirmed the provisional bail previously granted to the petitioner.

Summary

The petitioner, Pintu Kumar, was arrested on 16 June 2025 for alleged abduction under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita. He applied for bail, asserting that the alleged victim had married him in a temple and that he was innocent. The Special Judge initially granted provisional bail on 3 December 2025, requiring a bond of Rs 10,000 and two sureties, and ordered the case to be listed after ten weeks. On 24 March 2026 the Patna High Court heard counsel for both sides, served notice on the second opposite party (who did not appear), and confirmed the provisional bail. The court directed that the petitioner remain on the same bail conditions.

Issues considered

  • Whether provisional bail should be granted/confirmed for offences under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • bail
  • provisional bail
  • abduction
  • Bharatiya Nyaya Sanhita
  • Section 137
  • Section 96
  • Section 3(5)
  • Section 183
  • POCSO
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.81258 of 2025
                   Arising Out of PS. Case No.-258 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 Pintu Kumar S/o Shankar Das R/o Kewas Jagir, Ward No 9, PS- Muffasil,
                 District- Samastipur, Bihar


                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Md. Najir S/o Late Ulfat Husain R/o vill - Kewas Jagir, ward no. 11, P.S.-
                 Muffasil, Dist.- Samastipur, Bihar


                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Dharmendra Kumar Paswan, Advocate
                 For the State           :       Mr.Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                    ORAL ORDER


4   24-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Muffasil P.S. Case No. 258 of 2025 registered for the offence

                   punishable under Sections 137(2), 96 and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                  3. On 03.12.2025, the following order was passed,

                   which reads as under:

                                              “Heard learned counsel for                  the
                                   petitioner and learned APP for the State.
Patna High Court CR. MISC. No.81258 of 2025(4) dt.24-03-2026
                                            2/3




                                   2. Issue notice to opposite party no.
                        02 under registered cover with A/D as well as
                        ordinary process for which requisites etc. must
                        be filed within a week from today.
                                   3. Call for the legible photocopy of
                        the case diary and the statement of the victim
                        recorded under Section 183 of the BNSS from the
                        concerned Court below in connection with
                        Samastipur Muffasil P.S. Case No. 258 of 2025.
                                   4.     The petitioner seeks bail in
                        connection with Samastipur Muffasil P.S. Case
                        No. 258 of 2025 registered for the offence under
                        Sections 137(2), 96 and 3(5) of the BNS 2023.
                                   5. As per the prosecution case, the
                        petitioner is alleged to have abducted the victim.
                                   6. The petitioner is in custody since
                        16.06.2025.
                                   7. It has been submitted by the
                        learned counsel for the petitioner that petitioner
                        is innocent as the victim and the petitioner have
                        got married in a temple.
                                   8. Considering the submission of the
                        learned counsel for the petitioner, let the
                        petitioner, above named, be released on
                        provisional bail till the next date of hearing on
                        furnishing bail bond of Rs. 10,000/- (Ten
                        Thousand) with two sureties of the like amount
                        each to the satisfaction of the learned Special
                        Judge, POCSO-cum- District and Additional
                        Sessions Judge-VI, Samastipur/concerned Court
                        below in connection with Samastipur Muffasil
                        P.S. Case No. 258 of 2025.
                                   9. List this case after ten weeks.”

                       4. The petitioner was granted provisional bail.

                       5. The notice has been served upon opposite party no.

          2. None appears for the opposite party no. 2.

                       6. In view of the reasons mentioned in the order dated

          03.12.2025, the provisional bail granted to the petitioner is
           Patna High Court CR. MISC. No.81258 of 2025(4) dt.24-03-2026
                                                       3/3




                     hereby confirmed and the petitioner will remain on the same

                     bail bonds.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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