Patna High Court
Pintoo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail should be granted to the petitioner in the Special POCSO case.
Summary
Pintoo Kumar was arrested in a Special POCSO case for allegedly kidnapping the minor daughter of an informant with a firearm. The informant’s daughter later gave a statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, claiming she went to her aunt’s house of her own free will, and a medical report placed her age between 17 and 18 years. The petitioner contended that he was falsely implicated and had been in custody since 26 May 2025, with a charge‑sheet already filed. The State and the informant opposed bail, arguing that the minor’s earlier statement indicated kidnapping and that the petitioner had previously abducted the child again. After considering the statements, the minor’s age, the length of custody, and the charge‑sheet, the Court ordered that regular bail be granted on a bond of Rs.10,000 with two sureties, directing compliance with the Special Judge POCSO.
Issues considered
- Whether regular bail can be granted to the accused in a Special POCSO case involving alleged kidnapping of a minor.
- Whether the minor’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita and her age affect the bail eligibility.
Legislation cited
Subjects
- bail
- POCSO
- kidnapping
- minor
- regular bail
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89032 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Pintoo Kumar, S/o Mithlesh Yadav, R/o Village- Murla Matha, P.S.-
Makhhdumpur (Tehta) District- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Village- Murla Matha, P.S.- Makhhdumpur, District-
Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Ragini Kumari, Advocate
Mr. Sameer Darshan, Advocate
For the State : Ms. Sangeeta Sharma, APP
For the Informant : Mr. Abhishek Anand, Advocate
Mr. Umesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Special POCSO case
no.60 of 2025, arising out of Makhdumpur (Tehta) P.S. Case
no.184 of 2025 registered under section 96 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that her minor daughter was forcibly kidnapped by the accused
persons including the petitioner herein on the point of firearm.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The daughter
Patna High Court CR. MISC. No.89032 of 2025(4) dt.19-03-2026
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of the informant returned and her statement was recorded under
section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023
wherein she has not supported the prosecution case of her being
kidnapped. In fact, she has stated that she went out of her own
free will to her mausi’s place. Further in her medical report her
age has been assessed to be between 17 and 18 years. The
petitioner is in custody since 26.5.2025 and charge-sheet has
been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant.
Learned counsel for the informant submits that the statement of
the mausi of the minor victim was recorded in course of
investigation wherein she has denied that the victim had gone to
her place. In fact, the petitioner kidnapped her once again
subsequently.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R. together with the contents of her statement recorded
under section 183 of the Bharatiya Nagarik Suraksha Sanhita,
2023 and the medical report wherein her age has been assessed
to be between 17 and 18 years as also the petitioner having
remained in custody for over 9 months since 26.5.2025 and
Patna High Court CR. MISC. No.89032 of 2025(4) dt.19-03-2026
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charge-sheet having been submitted in the case, the petitioner is
directed to be enlarged on bail in connection with Special
POCSO case no.60 of 2025 [arising out of Makhdumpur (Tehta)
P.S. Case no.184 of 2025], on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned A.D.J. VIth-cum-
Special Judge POCSO, Jehanabad.
(Partha Sarthy, J)
avinash/-
U T
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