Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
The petitioner, Nitesh Kumar, was arrested on 15 January 2026 in connection with a case registered under Mahila Police Station for alleged sexual relations with a 15‑year‑old girl. He faces charges under Sections 126, 115(2), 64, 352 and 3(5) of the Bharatiya Nyaya Sanhita, Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, and several provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner applied for bail, contending that the relationship was a live‑in arrangement and that the girl had not suffered any injury. The court examined the seriousness of the alleged sexual relationship with a minor and found it insufficient to merit bail. Consequently, the bail application was dismissed, with the court noting that its observations were limited to the bail issue and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual relations with a minor under the Bharatiya Nyaya Sanhita, POCSO Act and SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126, 3(5), 352, 64
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r)(s)(wi)(wii)
Subjects
- bail
- sexual offences
- minor
- POCSO
- SC/ST Act
- Bharatiya Nyaya Sanhita
- live‑in relationship
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23622 of 2026
Arising Out of PS. Case No.-18 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur
======================================================
Nitesh Kumar S/o Surendra Mahto R/o Village - Raksa Tin Gachhiya, P.S -
Panapur Kariyat, District - Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX (Victim) D/o Bhola Manjhi R/o Village - Raksa Tingachhiya, P.S -
Panapur Kariyat, District - Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the State : Mr.Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Mahila
P.S.Case No. 18 of 2025 registered for the offence punishable
under Sections 126, 115(2), 64, 352 and 3(5) of the Bharatiya
Nyaya Sanhita; Sections 4 and 6 of the POCSO Act and
Sections 3(i)(r)(s)(wi)(wii) and 3(2)(va) of the SC/ST Act.
3. The petitioner is accused of establishing sexual
relation with 15 year old girl.
4. The petitioner is in custody since 15.01.2026.
5. Learned counsel for the petitioner submits that the
petitioner and the girl were in a live-in relationship and there is
Patna High Court CR. MISC. No.23622 of 2026(2) dt.15-04-2026
2/2
no injury on the girl to show that the petitioner has mistreated
her.
6. Considering the fact that the petitioner has
established sexual relation with a 15 year old girl, I am not
inclined to grant bail to the petitioner.
7. Accordingly, the application stands dismissed.
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
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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