Patna High Court

Nitesh Kumar @ Nitish KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Nitesh Kumar, was accused in a police case of kidnapping a minor girl for the purpose of marriage and allegedly stealing Rs. 50,000. The prosecution relied on Sections 137(2), 96 and 3(5) of the Bihar Naxal Suppression Act, 2023. The petitioner contended that the allegations were fabricated and pointed to the victim's statement recorded under Section 183 of the same Act, in which she denied the prosecution's version and said she left home to avoid an arranged marriage. The High Court, after considering the victim's statement, found insufficient basis to deny bail and exercised its powers under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS, 2023 to grant anticipatory bail. The court ordered the petitioner to furnish a bail bond of Rs. 10,000 with two sureties if arrested within four weeks, thereby allowing the application.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations under the BNSS, 2023.
Whether the victim's statement under Section 183 of the BNSS, 2023 negates the prosecution's case.

Legislation cited

Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
kidnapping
minor
false accusation
victim statement
Section 438
Section 482
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.64618 of 2025
                        Arising Out of PS. Case No.-186 Year-2025 Thana- RIGA District- Sitamarhi

                 ======================================================
                 Nitesh Kumar @ Nitish Kumar Son of Umesh Rai @ Umesh Ray Resident of
                 village -Bhawanipur (Chotahi) Riga, Ward No 14, PS -Riga, District
                 -Sitamarhi


                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ayush Kumar
                 For the Opposite Party/s :        Mr. Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   24-02-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Riga Police Station Case No. 186 of 2025,

                   disclosing offences under Sections 137(2), 96, 3(5) of the BNS,

                   2023.

                                   3. As per the prosecution case, on 08.05.2025, the

                   petitioner and other accused persons kidnapped the minor

                   daughter of the informant for the purpose of marriage. The

                   daughter of the informant also took away Rs. 50,000/- from the

                   house of the informant.

                                   4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.64618 of 2025(4) dt.24-02-2026
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          the petitioner has not committed any offence in the manner

          alleged and he has been made accused on the basis of concocted

          story. The victim girl came back after some days and her

          statement under Section 183 of the B.N.S.S., 2023 was recorded

          in which she has not supported the prosecution story and has

          stated that her parents wanted to marry her with some old age

          person due to which she left her house and went to the house of

          maternal grandmother.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the statement

          made by the victim girl, recorded under Section 183 of the

          B.N.S.S., 2023, I am inclined to grant the petitioner privilege of

          anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, 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 District and Additional

          Sessions Juge- VI-cum-Special Judge (POCSO Act), Sitamarhi,

          in connection with Riga Police Station Case No. 186 of 2025,

          subject to the condition laid down under Section 438 (2) of the
           Patna High Court CR. MISC. No.64618 of 2025(4) dt.24-02-2026
                                                       3/3




                     Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

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