Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a case registered under Section 137 of the Indian Penal Code, Sections 140(3) and 96 of the Bharatiya Nyaya Sanhita, and Section 4 of the POCSO Act for allegedly enticing away a 17‑year‑old girl. The girl, who had gone missing, was later recovered and gave a statement under Section 183 of the BNSS that she had left voluntarily to stay with the petitioner in a rented room, denying any sexual assault or kidnapping. The petitioner argued that he was falsely implicated, had a clean antecedent, and that the charge sheet was filed after an unexplained 31‑day delay. The State opposed bail, citing the seriousness of the offences. Considering the voluntary nature of the girl's actions, the petitioner’s clean record, and the conditions of the bail, the court ordered his release on bail with a bond of Rs.10,000 and specific surety and appearance conditions.
Issues considered
- Whether bail should be granted to the petitioner charged under IPC, BNSS and POCSO given the alleged voluntary disappearance of the minor.
- Whether the delay in filing the charge sheet and the petitioner’s clean antecedent justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 140(3), 183, 480(3), 96
- Indian Penal Code — s. 137
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- POCSO
- minor
- voluntary disappearance
- abettor
- criminal procedure
- BNSS
- Indian Penal Code
- sexual offences
- age of consent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72608 of 2025
Arising Out of PS. Case No.-504 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Nitish Kumar S/o Jitendra Mehta R/o Village- Simari Dhamni, P.S.- Mali,
District- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sujata Devi W/o Mritunjay Kumar Singh R/o Gandhinagar, Ward No. 33,
P.S.- Town, District- Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Aurangabad Town P.S. Case No. 504 of 2025
registered for the alleged offences under Section 137 of the
Indian Penal Code and subsequently Sections 140(3)/96 of
Bharatiya Nyaya Sanhita, 2023 and Section 4 of POCSO Act
were added.
03. As per prosecution case, 17 years old daughter of
the informant went missing and the informant named this
petitioner for enticing away her minor daughter.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.72608 of 2025(3) dt.17-01-2026
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petitioner is innocent and has been falsely implicated in this
case. This is a case of love affair between the petitioner and the
daughter of the informant. The daughter of the informant has
been recovered and her statement has been recorded under
Section 183 of BNSS wherein she stated that she went to
Ludhiana without telling her family members after calling out
the petitioner. She also stated that both of them stayed together
in rented room but no physical relationship was made. Thus, the
learned counsel submits that there is no allegation of sexual
assault. The age of the victim girl was assessed to be 17 years
and the petitioner is aged about 29 years. The case has been
lodged after delay of 31 days without any satisfactory
explanation. There is no allegation of kidnapping or forcibly
taking away the daughter of the informant against the petitioner.
Learned counsel further submits that the petitioner is having
clean antecedent and is in custody since 28.08.2025. Charge-
sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
voluntary nature of act of the daughter of the informant and her
Patna High Court CR. MISC. No.72608 of 2025(3) dt.17-01-2026
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age at which a girl develops sufficient maturity and also
considering the period of custody of the petitioner and his clean
antecedent along with submission of charge-sheet, the petitioner
above named is directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional
Sessions Judge-VI-cum-Special Exclusive Judge (POCSO),
Aurangabad in connection with Aurangabad Town P.S. Case No.
504 of 2025, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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