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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the trial court’s refusal of bail and granted bail to the appellant.

Summary

The appellant, Nitish Kumar, was charged with kidnapping and assaulting the complainant's niece, alleged to have been committed with caste slurs, under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial court refused bail, but the appellant argued that the victim’s statement under Section 183 of the BNSS showed a voluntary marriage to him, that no physical injury resulted from the alleged assault, and that he had no prior criminal record. The State opposed bail, emphasizing the seriousness of the offences and the caste-based nature of the alleged attack. The Patna High Court, after considering these submissions, set aside the lower court’s order and granted bail on a bond of Rs. 10,000 with two sureties. Consequently, the appeal was allowed and the appellant was released on bail pending trial.

Issues considered

  • Whether bail should be granted to the appellant pending trial for offences under the BNSS and SC/ST Act.
  • Whether the victim's statement indicating a voluntary marriage negates the kidnapping allegation.
  • Whether the alleged assault without demonstrable injury warrants denial of bail.
  • Whether the appellant's lack of prior criminal antecedents is a relevant factor for bail.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • kidnapping
  • assault
  • caste-based violence
  • criminal procedure
  • scheduled castes
  • scheduled tribes
  • Bharatiya Nyaya Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.95 of 2026
                      Arising Out of PS. Case No.-60 Year-2025 Thana- Bhararhi District- Madhepura
                 ======================================================
                 Nitish Kumar S/O Pradeep Sah Resident of Vill.- Maheshuwa, Ward no. 11,
                 P.S.- Bharahi, District- Madhepura

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Sadanand Rishidev S/O Methilal Rishidev Resident of Vill.- Maheshuwa,
                 Ward no. 11, P.S.- Bharahi, District- Madhepura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Praveen Kumar Agrawal, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   25-06-2026                 Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State.

                               2. This is an appeal under Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989

                   (hereinafter referred to as the “SC/ST Act”) against the refusal

                   of prayer for bail vide order dated 25.07.2025 passed by the

                   learned Additional District and Sessions Judge-cum-Special

                   Judge S.C./S.T. (POA) Act, Madhepura in connection with

                   Bharahi P.S. Case No. 60 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 74, 303(2) and 3(5) of

                   the Bharatiya Nyaya Sanhita and under Sections 3(1)(r), 3(1)(s)

                   and 3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.95 of 2026(5) dt.25-06-2026
                                             2/3




                       3. The case of the respondent is that appellant has

          abducted the niece of the respondent. A call was made on 112.

          Police called the appellant and on the call of police victim was

          returned. It is further alleged that on 06.05.2025 the appellant

          along with others being armed with iron rod and lathi started

          abusing the respondent with caste name and assaulted.

                       4. Learned counsel for the appellant submits that in

          this case the victim has given her statement under Section 183

          of the BNSS wherein she has stated that her marriage was

          solemnized with one Shivnandan Rishideo in the year 2012. She

          is also having two kids out of the wedlock. She was being

          assaulted by her husband, i.e. why she has solemnized marriage

          with the appellant. Learned counsel for the appellant has

          submitted that the statement of the victim goes to show that the

          appellant has not kidnapped her rather she has willingly married

          with the appellant. As far as allegation of assault is concerned,

          there is no injury to anyone. It has further been submitted that

          the appellant is having no criminal antecedent and he is in

          judicial custody since 23.05.2025.

                        5. Learned counsel for the complainant is present and

          has vehemently opposed the bail to the appellant.

                        6. In view of the submissions made by the learned
            Patna High Court CR. APP (SJ) No.95 of 2026(5) dt.25-06-2026
                                                         3/3




                      counsel for the appellant, the order dated 25.07.2025 passed by

                      the learned Additional District and Sessions Judge-cum-Special

                      Judge S.C./S.T. (POA) Act, Madhepura in connection with

                      Bharahi P.S. Case No. 60 of 2025 is hereby set aside and the

                      appellant above-named, be released on bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned court of

                      Additional         District      and       Sessions   Judge-cum-Special

                      Judge(SC/ST), Madhepura in connection with Bharahi P.S. Case

                      No. 60 of 2025.

                                       7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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