Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1539 of 2025 Arising Out of PS. Case No.-146 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Pintu Kumar, aged about 35 years (Male), S/O Kishori Thakur, R/O Vill.- Chiraili, P.S- Khizarsarai, Dist.- Gaya ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Shivendra Prasad, Advocate For the Opposite Party :

Mr. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Khizarsarai P.S. Case No. 146 of 2022 dated 25.04.2022 registered for the offences punishable under Sections 363, 366A of the I.P.C. and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner and other co-accused persons are alleged to have kidnapped the minor daughter of the informant by enticing her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there was love affair between the parties. The victim was a student of Class-Xth and she used to

Patna High Court CR. MISC. No.1539 of 2025(4) dt.30-04-2025 2/3 attend the coaching classes in Coaching Centre of the petitioner and she had already passed the secondary school examination and presently the victim had started going to coaching centre for English Classes. The victim in her statements recorded under Sections 161 and 164 of the Cr.P.C., has stated that she knows the petitioner and used to attend the classes in his coaching centre. The petitioner has already married and she of her own sweet will went with the petitioner to Patna and performed marriage there in the 'Shiv Temple' and from where they went to Gujrat. It is further submitted that as per the medical report, the victim is aged about 19 years. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 19.07.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner. Learned counsel for the informant has further submitted that the petitioner who is already married, kidnapped the minor daughter of the informant and took her to Gujrat and performed marriage.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond

Patna High Court CR. MISC. No.1539 of 2025(4) dt.30-04-2025 3/3 of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Gaya or successor court in connection with Khizarsarai P.S. Case No. 146 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T