Patna High Court

Nigam Kumar SinghversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISPOSED
Bench: SANDEEP KUMAR

Holding

The Court granted provisional bail for four weeks subject to a bail bond and verification of the marriage.

Summary

The petitioner, Nigam Kumar Singh, was arrested in connection with a case registered under several sections of the Bihar Narcotic Substances (BNS) Act and Sections 4 and 6 of the POCSO Act, alleged to have had a physical relationship with the informant after promising marriage and then deserting her. The petitioner contended that he had already married the informant in a temple, was ready to regularise the marriage under the Hindu Marriage Act, and had filed a compromise petition. The High Court considered the bail application, the nature of the offences, and the petitioner’s claim of marriage. It ordered the lower court to release the petitioner on provisional bail for four weeks upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of the marriage during that period. The Court clarified that its observations were limited to the bail application and did not prejudice the merits of the trial.

Issues considered

Whether provisional bail should be granted to the petitioner despite charges under the BNS Act and the POCSO Act.
Whether the petitioner’s claim of having married the informant and the filing of a compromise petition justify bail.

Legislation cited

Bihar Narcotic Substances Act — s. 115(2), 126(2), 351(2), 352, 64
Hindu Marriage Act
Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6

Subjects

bail
provisional bail
POCSO Act
BNS Act
marriage
compromise petition
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20019 of 2026
                   Arising Out of PS. Case No.-50 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Nigam Kumar Singh Son of Late Neeraj Kumar Singh @ Late Guddu Singh
                 @ Late Neeraj Singh Resident of Village- Fakuli, P.S.- Chhapra Muffasil,
                 District- Saran at Chapra

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    X D/o Surendra Kumar Singh Resident of Village- Sadhpur Chhatar, P.S.-
                 Daudnagar, District- Saran at Chapra

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Radha Mohan Singh
                 For the Opposite Party/s :      Mr.Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Chhapra Muffasil P.S. Case No. 50 of 2026 registered for the

                   offence under Sections 126(2), 115(2), 351(2), 352 and 64 of the

                   BNS and under Sections 4 and 6 of the POCSO Act.

                                3. As per the prosecution case, the petitioner is said to

                   have established physical relationship with the informant after

                   promising marriage and subsequently he is said to have resiled

                   from that promise.

                                4. The petitioner is in custody since 7.2.2026.

                                5. Learned counsel for the petitioner submits that the

                   informant and the petitioner have got married in a temple but
Patna High Court CR. MISC. No.20019 of 2026(2) dt.01-04-2026
                                            2/3




          the petitioner, thereafter, had deserted the informant. He further

          submits that the petitioner has settled the dispute and he is ready

          for a proper marriage under the Hindu Marriage Act with the

          informant and in this regard, a compromise petition has been

          filed.

                       6. In view of the aforesaid submissions, this

          application is disposed of with a direction to the court below to

          release the petitioner on provisional bail for four weeks upon

          furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          concerned court below in connection with Chhapra Muffasil P.S.

          Case No. 50 of 2026.

                       7. During the period of four weeks from the date of

          his release, if the petitioner marries the informant and the

          informant supports the factum of marriage between her and the

          petitioner then the provisional bail granted to the petitioner shall

          be confirmed and if the informant does not supports the factum

          of marriage then appropriate orders shall be passed by the court

          below.

                       8. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
          Patna High Court CR. MISC. No.20019 of 2026(2) dt.01-04-2026
                                                      3/3




                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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