Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 3(5), 96
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
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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
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hereby confirmed and the petitioner will remain on the same
bail bonds.
(Sandeep Kumar, J)
P. Kumar
U T
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