Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Nitesh Kumar, was arrested in connection with a police case alleging kidnapping, sexual assault and related offences under the Bharatiya Nyaya Sanhita, 2023. The FIR claimed that he forced the informant's daughter onto his vehicle, gagged her and committed sexual acts, constituting offences under sections 96, 126(2), 115(2), 303(2), 352, 351(2) and 3(5). The petitioner pleaded innocence, highlighted his clean antecedents and sought regular bail, while the State and the informant opposed the relief. The court examined the victim's statements recorded under sections 181 and 183 of the BNSS, noting inconsistencies and that the victim eventually approached the police voluntarily. Considering the lack of conclusive evidence and the circumstances, the court allowed the bail application. The petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused in a case involving alleged kidnapping and sexual assault under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 96
Subjects
- bail
- criminal procedure
- sexual assault
- kidnapping
- Bharatiya Nyaya Sanhita
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25087 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- MAKER District- Saran
======================================================
Nitesh Kumar S/o Manoj Ram @ Manoj Kumar Ram R/o village- Dihi
Siroman, P.S.- Maker, District- Saran Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashwani Kumar Tiwary
For the Opposite Party/s : Mr. Rana Randhir Singh
For the Informant : Mr. Ankit Nath Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner, the
learned APP for the State and the learned counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Maker P.S. Case No. 216 of 2025 registered for the offence
under Section(s) 96, 126(2), 115(2), 303(2), 352, 351(2), 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the FIR, it is alleged that the petitioner
dragged the daughter of the informant and forced her to sit on
his vehicle, tied her mouth with Gamachha and forcefully done
wrong with her. The allegation against the petitioner and others
is of kidnapping a major girl.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.25087 of 2026(2) dt.16-04-2026
2/3
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 01.12.2025 and has clean
antecedent.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl recorded under Section 181 BNSS, it appears
that she was taken by the accused persons to the house of the
petitioner’s sister where she stayed for a pretty long time.
Thereafter, she came to the police station on her own. The
statement of the victim girl was subsequently recorded under
Section 183 BNSS, in which she appears to have developed the
story.
7. Considering the aforesaid facts and circumstances
and the statement of the victim girl, this application for regular
bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Maker P.S. Case
Patna High Court CR. MISC. No.25087 of 2026(2) dt.16-04-2026
3/3
No. 216 of 2025.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.