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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail after learning that he might be arrested in a case registered under Section 366A of the Indian Penal Code alleging kidnapping of a minor girl for marriage. The prosecution alleged that the minor was abducted by the accused, but the victim later gave a statement under Section 183 of the B.N.S.S. denying any kidnapping and stating she had left voluntarily to continue her studies. The petitioner contended that the case was false, arising from a petty village dispute, and highlighted his clean antecedents. The State opposed the bail, but the court considered the victim’s statement, the petitioner’s clean record, and the precedent of anticipatory bail granted to co‑accused Sanjita Devi. Accordingly, the court allowed the petition for anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 366A IPC based on the victim's statement and the petitioner's clean antecedents

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping for marriage
  • Section 366A IPC
  • victim statement
  • clean antecedents
  • Section 183 B.N.S.S.
  • Section 482(2) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4951 of 2026
                   Arising Out of PS. Case No.-100 Year-2024 Thana- CHERIYA BARIYARPUR District-
                                                        Begusarai
                 ======================================================
                 Nitish Kumar S/o Rambabu Paswan R/o-Village-Bharkaha Ward No.-12, P.S.-
                 Cheriya-Bariyarpur, Dist.-Begusarai.

                                                                                ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Usha Devi W/o Rampravesh Paswan R/o vill - Bharkaha Chowk, ward no. 8,
                 P.S.- Cheriya Bariyarpur, Distt.- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Onkar Nath, Advocate
                 For the State          :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 366A of the

                   Indian Penal Code.

                                3. The prosecution case, in brief, is that on 20.05.2024

                   at about 10 AM, minor daughter of informant aged about 15

                   years went to purchase some household articles but did not

                   return. On search, informant came to know that all the F.I.R.

                   named accused persons, including this petitioner, have

                   kidnapped her minor daughter for the purpose of marriage.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.4951 of 2026(2) dt.11-02-2026
                                            2/3




          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. As a matter of fact, both parties are co-

          villagers and due to petty dispute, this false and concocted case

          has been lodged. It is further submitted that during

          investigation, the victim was recovered and her statement was

          recorded under Section 183 of the B.N.S.S. wherein she has

          denied the factum of kidnapping and has categorically stated

          that she herself left her house and went to her uncle at Delhi to

          continue her studies. It is further submitted that co-accused

          Sanjita Devi, having similar and identical allegations, has

          already been granted the privilege of anticipatory bail by this

          Hon’ble Court vide order dated 02.07.2025 passed in Cr. Misc.

          No. 19915 of 2025. Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, statement of victim recorded under Section 183 of the

          B.N.S.S., claim based on parity and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within
             Patna High Court CR. MISC. No.4951 of 2026(2) dt.11-02-2026
                                                         3/3




                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned A.C.J.M.-1, Manjaul

                       (Begusarai) in connection with Cheriya Bariyarpur P.S. Case

                       No. 100 of 2024, subject to condition as laid down under

                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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