Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail.
Summary
Nitesh Kumar, a 19‑year‑old, was arrested in connection with a kidnapping case involving the minor daughter of an informant, alleged under Sections 137(2) and 96 of the BNS and Section 8 of the POCSO Act. The petitioner claimed the girl, aged about 14‑16, voluntarily accompanied him to Mumbai in a consensual relationship and that he was falsely implicated. The victim’s statement recorded under Section 183 of the BNS affirmed that she went of her own free will. Relying on this statement and the precedent set in Vijayalakshmi & Anr. v. State (2021), the Court found a prima facie case for bail. Consequently, the Court ordered the petitioner’s release on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNS, and directed the District Court to verify any other criminal antecedents.
Issues considered
- Whether pre‑arrest bail should be granted in a kidnapping case involving a minor under Sections 137(2), 96 of the BNS and Section 8 of the POCSO Act.
- Whether the victim’s voluntary statement under Section 183 of the BNS negates the prima facie case against the petitioner.
- Whether the age difference and alleged consent affect the bail decision.
Legislation cited
- BNS — s. 137(2), 183, 482(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- pre‑arrest bail
- kidnapping
- minor
- POCSO Act
- consent
- victim statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25342 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Nitesh Kumar, aged about 19 years, Male, S/o- Lakhindra Baitha R/village-
Belahi Lachchi Ward No 14 PS- Meenapur District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar Singh S/o- Late Ananda Singh R/v- Belahi Lachchi, W.No-
14, PS- Meenapur Dist- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hari Kishore Thakur, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Hari Kishore Thakur, learned counsel
appearing on behalf of the petitioner and Mr. Anuj Kumar
Shrivastava, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Meenapur P.S. Case No. 360/2025 registered for the
offence(s) punishable under Sections 137(2) and 96 of the BNS
and Section 8 of the POCSO Act.
3. As per the allegation made in the FIR, the
petitioner has kidnapped the minor daughter of the informant
with an intention to commit wrong.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.25342 of 2026(2) dt.22-04-2026
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been implicated in the present case. Learned counsel further
submitted that petitioner is innocent and he was in love
relationship with the victim and has not forcibly kidnapped her,
rather the victim girl willingly went with the petitioner to
Mumbai. Statement of the victim was recorded under Section
183 BNSS in which she has admitted that she accompanied the
petitioner and petitioner brought her Mumbai and they both
stayed for 2-3 days. Petitioner is 19 years old, while the
daughter of the informant is 16 years old and attraction at the
said age is obvious. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, I find that the victim in her statement recorded
under Section 183 of BNSS has admitted that she on her own
had accompanied the petitioner. Petitioner is aged about 19
years, whereas daughter of the informant is aged about 14 years.
In light of law laid down by the Apex Court in case of
Vijayalakshmi & Anr. vs. State Rep. by the Inspector of Police
& Anr. reported in (2021) SCC OnLine Mad 317, I am of the
opinion that petitioner has, prima facie, made out a case to be
Patna High Court CR. MISC. No.25342 of 2026(2) dt.22-04-2026
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released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge, POCSO Court No.1,
Muzaffarpur / Concerned Court in connection with Meenapur
P.S. Case No. 360/2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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