Patna High Court
Sintu RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Sintu Rai, sought bail in a case (Banka Mahila P.S. Case No. 25 of 2024) alleging offences under IPC sections 366(a), 376, 506, 323/324 and Section 4 of the POCSO Act, involving alleged kidnapping, drugging, forced marriage and sexual assault of a minor. The prosecution alleged that the petitioner, along with another accused, took the victim on a bike, offered a cold drink that rendered her unconscious, and subsequently facilitated her forced marriage. The petitioner contended that he played no role beyond transporting the victim and that the main culpability lay with the co‑accused, who had already been granted bail. The victim’s statement under Section 183 of the BNSS reiterated the FIR facts but did not specifically implicate the petitioner in the substantive offences. After hearing both sides, the Court found insufficient grounds to keep the petitioner in custody and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner should be granted bail despite the serious nature of the charges under IPC and the POCSO Act.
Legislation cited
- BNSS — s. 183
- Indian Penal Code — s. 323, 324, 366(a), 376, 506
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- kidnapping for marriage
- rape
- POCSO
- criminal intimidation
- voluntarily causing hurt
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83762 of 2025
Arising Out of PS. Case No.-25 Year-2024 Thana- MAHILA P.S. District- Banka
======================================================
Sintu Rai Son of Nandkishor Ray Resident of Village- Hathiya Pathr, P.S.-
Fullidumar, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o Vishundeo Ray Resident of Village- Khirikol, P.S.- Fullidumar,
District- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-02-2026 Heard Mr. Ajay Mukherjee, learned counsel for the
petitioner and Mr. Ashok Kumar Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Banka Mahila P.S. Case No. 25 of 2024 registered for the
offence punishable under Sections 366(a), 376, 506, 323/34 of
the Indian Penal Code and Section 4 of the POCSO Act.
3. The case of the prosecution in short is that one
Pritam Kumar @ Sonu Kumar and the petitioner took the
informant on a bike. It is further alleged that Pritam Kumar @
Sonu Kumar offered cold drink and after consuming the same,
the informant got unconscious. She was taken to Bhagalpur
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Railway Station and from there she was taken to Vijaynagar in
the district of Vardhaman. It is further alleged that Pritam
Kumar @ Sonu Kumar along with others forcefully solemnized
the marriage of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear
that the main thrust of allegation is against Pritam Kumar @
Sonu Kumar, who has forcefully solemnized marriage with the
informant/victim of this case, and due to that relationship, she is
pregnant. During the course of investigation, the victim has
given her statement recorded under Section 183 of the BNSS
wherein she has reiterated the facts of the F.I.R., and
according to that statement also, the role of this petitioner is that
he, along with Pritam Kumar @ Sonu Kumar have taken her to
Bhagalpur on a bike. He also submits that save and except for
this role, there is no allegation against the petitioner. He further
submits that the co-accused, namely, Sudhu Ray @ Suddu Rai,
has already been granted bail by this court vide Cr. Misc. No.
58339 of 2025. He further submits that a statement has been
made in para 3 of the petition that petitioner has no criminal
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antecedent and he is languishing in judicial custody since
18.06.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge-VI-cum-Special Judge POCSO,
Banka in connection with Banka Mahila P.S. Case No. 25 of
2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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