Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S.S. — s. 183, 482(2)
- Indian Penal Code — s. 366A
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
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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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