Patna High Court
Nitish Yadav @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Nitish Yadav, sought anticipatory bail after being implicated in a kidnapping and rape case involving a 13‑year‑old girl under Section 64/3(5) of the B.N.S. and Section 4 of the POCSO Act. The FIR alleged that the petitioner and co‑accused abducted the minor and committed sexual assault. The petitioner claimed false implication, citing a retraction in the victim's statement under Section 183 B.N.S. The State countered that the victim’s statements under Section 180 B.N.S. and Section 183 B.N.S. indicated repeated sexual contact and involvement of co‑accused at the petitioner’s behest. The Court examined the seriousness of the allegations and the victim’s recorded statements, and concluded that the criteria for anticipatory bail were not met. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations under the B.N.S. and POCSO Act.
Legislation cited
Subjects
- anticipatory bail
- rape
- kidnapping
- POCSO Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64444 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- RAJAON District- Banka
======================================================
Nitish Yadav @ Nitish Kumar S/o- Mangal Yadav Resident Of Village-
Kathrang, Ps- Rajoun, Dist-Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manoj Kumar Mandal S/o- Chabbilal Mandal Village- Rasalpur Po-
Rajawar, Ps- Rajoun Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 24-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Rajoun P.S. Case No. 117 of 2025 dated 13.03.2025 registered
for the offence under Section 64 / 3(5) of the B.N.S. and
Section 4 of the POCSO Act.
3. As per the first information report on 12.03.2025 the
petitioner along with one another co-accused kidnapped the
informant’s minor daughter aged about 13 years and committed
rape upon her.
4. Learned counsel for the petitioner submits that petitioner
has falsely been implicated in this case which would be evident
from the fact that in her statement recorded under Section 180
Patna High Court CR. MISC. No.64444 of 2025(4) dt.24-02-2026
2/2
B.N.S.S. the victim has stated that she called the petitioner but
in her statement recorded under Section 183 B.N.S.S. she has
retracted from her earlier statement and has stated that she was
kidnapped by the petitioner where the petitioner and his friend
committed rape.
5. On the other hand, learned counsel for the State submits
that offence alleged against the petitioner is serious in nature
and from the statement of the informant’s minor daughter
recorded under Section 180 B.N.S.S. it is evident that 3-4 times
the petitioner established physical relation with her. In the
statement under Section 183 B.N.S.S. the victim girl has stated
that apart from the petitioner, the co-accused also committed
sexual act upon her at the behest of the petitioner.
6. Regard being had to the submission made by the parties,
taking into consideration the nature of allegation made in the
F.I.R. and the statement of the victim girl recorded during
investigation, I am not inclined to grant anticipatory bail to the
petitioner. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
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