Patna High Court
Nitish Kumar @ Nitish RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Nitish Kumar, was charged under Section 137(2) and Section 96 of the B.N.S. for allegedly enticing the minor daughter of an informant away while she was defecating. He pleaded innocence, asserting a consensual relationship with the victim and highlighting his clean antecedents and six‑month pre‑trial detention. The informant’s counsel opposed bail, arguing the seriousness of the alleged offence. The court examined the lack of medical evidence of wrongdoing and the petitioner’s personal circumstances. Considering these factors, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to cooperation with the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 137(2)/96 of the B.N.S. given the alleged offence and the petitioner’s custody for over six months
Legislation cited
- B.N.S. — s. 137(2), 96
Subjects
- bail
- criminal procedure
- Section 137(2) B.N.S.
- Section 96 B.N.S.
- false implication
- minor victim
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61747 of 2025
Arising Out of PS. Case No.-233 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Nitish Kumar @ Nitish Ram Son of subodh Ram Resident of Village-
Saifganj Shankarpur, P.S.- Farbisganj, District- Araria
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jyoti Prasad, Adv.
Mr. Chhotelal Mishra, Adv.
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
For the informant : Mr. Naushaduzzoha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section-137(2)/96 of B.N.S.
3. It is alleged that while the informant’s minor
daughter went out to defecate, she was enticed away by the
petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. He is a person of clean antecedent and he is in
custody for more than six months. As a matter of fact, there was
love and affection between the petitioner and the victim. The
Patna High Court CR. MISC. No.61747 of 2025(4) dt.13-01-2026
2/2
medical examination does not reveal any kind of misdeed. The
petitioner is a young boy of 20 years. He is under custody for
more than six months.
5. Learned counsel for the informant has opposed the
prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released 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 Chief Judicial
Magistrate, Araria in connection with Forbesganj P.S. Case No.
233 of 2025 with condition that the petitioner shall cooperate
with the trial of the case and make himself available as and
when required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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