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Patna High Court

Pintoo KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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