Patna High Court
NITISH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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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