Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Nitish Kumar, was arrested on 3 December 2025 in connection with a 2021 case alleging kidnapping of his daughter for the purpose of marriage, charged under IPC Section 366(A) and POCSO Act Section 8. He contended that he had lawfully married the victim, who affirmed the marriage in a recorded statement under Cr.P.C. Section 164 and an affidavit, and that he is innocent. The prosecution opposed bail, citing two prior criminal antecedents. The court examined the facts, the victim's statements, and the seriousness of the offences, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order includes provisions for cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to an accused of kidnapping and sexual offences under IPC 366(A) and POCSO Act Section 8.
- Whether the existence of a purported marriage and the victim's statements affect the bail decision.
- Whether the petitioner's prior criminal antecedents preclude the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 366(A)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- forced marriage
- IPC 366A
- POCSO Act
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6453 of 2026
Arising Out of PS. Case No.-49 Year-2021 Thana- SARMERA District- Nalanda
======================================================
Nitish Kumar Son of Sitaram Chauhan R/o Village - Shekhada Bigha, Police
Station - Sarmera, District – Nalanda. ... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Son of YYY R/o Village - Shekhada Bigha, Police Station - Sarmera,
District - Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
For the O.P No.2 : Mr. Vikash Kumar Nigam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 03-04-2026 Heard Mr. Ajay Mukherjee, learned counsel for the
petitioner, Md. Matloob Rab, learned Additional Public
Prosecutor for the State as well as Mr. Vikash Kumar Nigam,
learned counsel for the Opposite Party No.2.
2. Petitioner seeks bail who is in custody since
03.12.2025 in connection with Sarmera P.S. Case No. 49 of
2021, F.I.R. dated 13.03.2021 for the offences punishable under
Sections 366(A) of the Indian Penal Code and Section 8 of
POCSO Act.
3. According to prosecution case, it is alleged that the
petitioner kidnapped his daughter for the purpose of marriage.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
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present case. Infact the petitioner was in love with the victim
girl and he had performed marriage with the victim and now the
couple is blessed with two children and apart from that the
victim in her statement recorded under Section 164 Cr.P.C has
stated that she has performed marriage with the petitioner and in
the present case proceedings, O.P. No.2/victim has filed an
affidavit stating therein that she is residing in house of the
petitioner as his wife with full honor and dignity and the
petitioner is in custody since 03.12.2025.
5. The learned Additional Public Prosecutor for the
State as well as learned counsel for the Opposite Party No.2
have vehemently opposed the prayer for bail of the petitioner
and submits that petitioner carries two criminal antecedents.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned District &
Additional Sessions Judge-7-cum-Special Judge (POCSO),
Nalanda, Biharshariff in connection with Sarmera P.S. Case No.
49 of 2021, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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