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Patna High Court

NITISH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, holding that the circumstances did not warrant continued detention.

Summary

Nitish Kumar was arrested for allegedly kidnapping a girl, aged between 16 and 18, with the intention of marrying her, under sections 64 and 96 of the Bihar Negotiable Substances (BNS) Act and sections 4 and 6 of the POCSO Act. The victim later gave a statement under Section 183 of the BNS Act, claiming she left home of her own free will, married the petitioner, and was living happily as husband and wife. The petitioner, who has no prior criminal record, applied for bail while the State and the second opposite party opposed, alleging that the petitioner had allured and taken the girl away for marriage. The court considered the victim’s voluntary statement, the petitioner’s clean record, and the fact that the charge‑sheet had already been filed. It concluded that there was no sufficient ground to deny bail and ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted to an accused under the POCSO Act when the alleged victim is a minor but claims the relationship was consensual.
  • Whether the statements recorded under Section 183 of the BNS Act negate the alleged kidnapping and marriage‑related offences.
  • Whether the petitioner’s lack of prior criminal antecedents and the filing of the charge‑sheet justify bail.

Legislation cited

Subjects

  • bail
  • POCSO Act
  • kidnapping
  • minor
  • voluntary statement
  • child marriage
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1040 of 2026
                        Arising Out of PS. Case No.-185 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 NITISH KUMAR S/O BIRENDRA YADAV R/o vill - Amha, ward no. 7, P.s.-
                 Laukha, Distt.- Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Rakesh Raushan S/o Ravindra Prasad Yadav R/o vill - Hardi Paschim, ward
                 no. 11, P.s. and Distt.- Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Murari Narain Chaudhary, Adv.
                 For the Opposite Party/s :        Mr.Shailendra Kumar Singh, APP
                 For the O.P. No.2        :        Mr. Ranjay Kr. Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   27-02-2026                   This case is being heard on the basis of mentioning

                   slip.

                                 2. Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the opposite party

                   no.2.

                                  3. A prayer for bail has been made on behalf of the

                   petitioner in connection with POCSO Case No.114 of 2025

                   arising out of Supaul P.S. Case no.185 of 2025 registered under

                   sections 64 and 96 of BNS, 2023 and Section 4 and 6 of

                   POCSO Act.

                                3. Allegation in the F.I.R is that petitioner kidnapped

                   the informant’s daughter for the purpose of marriage.
Patna High Court CR. MISC. No.1040 of 2026(3) dt.27-02-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          the present case arises out of love relationship between the

          petitioner and the victim. After recovery of the victim, her

          statement was recorded under Section 183 of BNSS wherein she

          has stated that she left her house out of her own free will with

          the petitioner and they solemnized marriage and living happily

          together as husband and wife and upon coming to know that her

          parents had lodged the present case, she returned along with the

          petitioner. Learned counsel for the petitioner further submits

          that medical examination of the victim also indicates that her

          age is between 16 to 18 years. The petitioner is in custody since

          09.06.2025 and has no criminal antecedent. Further, charge has

          been framed on 27.11.2025.

                       5. The application for bail is opposed by learned

          A.P.P. for the State as also learned counsel for the opposite party

          no.2 on the ground that the petitioner had allured the victim and

          had taken her away for the purpose of marriage.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the statement of

          the victim given under Section 183 of BNSS and not putting any

          allegation on the petitioner coupled with the fact that petitioner

          has no criminal antecedent and charge-sheet has been submitted
            Patna High Court CR. MISC. No.1040 of 2026(3) dt.27-02-2026
                                                        3/3




                      in the case, the petitioner is directed to be enlarged on bail in

                      connection with POCSO Case No.114 of 2025 arising out of

                      Supaul P.S. Case no.185 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 Court concerned

                      where the case is pending/successor Court.



                                                (Soni Shrivastava, J)
Harsh/-
U       T


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