Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30264 of 2026 Arising Out of PS. Case No.-73 Year-2025 Thana- RATWARA District- Madhepura ====================================================== Pintu Kumar S/o Raghunandan Singh, Resident of Village- Bathnaha, PSRatwara, District- Madhepura. ... ... Petitioner
Versus
1.
The State of Bihar 2.
Sanjay Singh S/o Bhagwan Singh, R/o Bathnaha, P.S.- Ratwara, Distt.- Madhepura.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Santosh Kumar Singh, Advocate For the State :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Ratwara P.S. Case No. 73 of 2025 dated 04.12.2025, registered for the offences punishable under Sections 137(2) and 96 read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the minor daughter of the informant was forcibly kidnapped by the petitioner on gun point with an intention of marrying her. The informant also named other co-accused persons for being involved in kidnapping of her daughter.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30264 of 2026(2) dt.11-05-2026 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The FIR has been lodged after delay of eight days without any plausible explanation and it shows the doubtful nature of prosecution case. The victim girl voluntarily eloped with the petitioner with whom she was in love and both of them have solemnized marriage. The Medical Board examined the victim girl and her age was assessed to be about 18 to 20 years, so she is major. The statement of the victim girl was recorded under Section 183 of the B.N.S.S., 2023, and she refuted the fact that petitioner forcibly kidnapped her and further stated that she has solemnized marriage with the petitioner out of her own sweet will. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 21.12.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that consent of minor is immaterial.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the consensual nature of the act of the victim girl and her age at which a girl develops sufficient maturity and also considering
Patna High Court CR. MISC. No.30264 of 2026(2) dt.11-05-2026 3/3 the clean antecedent of the petitioner, his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, UdaKishunganj, Madhepura / concerned Court, in connection with Ratwara P.S. Case No. 73 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T