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Patna High Court

Nitish Kumar @ Nitish RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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