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Patna High Court

Nitesh Kumar @ Niteesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, given the absence of evidence of sexual exploitation, his clean antecedent, and the circumstances of the case.

Summary

The petitioner, Nitesh Kumar, was arrested in connection with a case alleging offences under Section 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 9 of the Prohibition of Child Marriage Act, 2006. The prosecution alleged that a minor girl, aged 15‑17, had gone missing and was in a relationship with the petitioner, constituting a child marriage. The girl’s statements under Sections 180 and 183 of the BNYS indicated that she left home voluntarily, married the petitioner, and there was no evidence of sexual assault or physical exploitation. The petitioner argued that he was falsely implicated, had a clean antecedent, and that the girl’s consent negated the offence. The court, after considering the lack of evidence of exploitation, the petitioner’s clean record, and the charge‑sheet, granted bail subject to conditions under Section 480(3) of the BNYS.

Issues considered

  • Whether the consent of a minor aged below 18 can negate the offence under Section 9 of the Prohibition of Child Marriage Act, 2006.
  • Whether bail can be granted to the accused in a case involving alleged child marriage and offences under Section 96 of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • child marriage
  • minor consent
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Prohibition of Child Marriage Act
  • Section 96
  • Section 9

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75823 of 2025
                       Arising Out of PS. Case No.-506 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Nitesh Kumar @ Niteesh Kumar S/o- Mantun Gosvami @ Mantun
                 Goshwami @ Mantan Goshwami R/v- W.No-7, Lagma Ps- Chautham Dist-
                 Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amitabh Sohan, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Sonepur P.S. Case No. 506 of 2025 registered

                   for the alleged offences under Section 96 of Bharatiya Nyaya

                   Sanhita, 2023 and later on added Section 9 of the Prohibition of

                   Child Marriage Act, 2006.

                                03. As per prosecution case, the minor daughter of the

                   informant went missing in the night and on inquiry, the informant

                   came to know about a boy who was in regular touch with his

                   daughter and the petitioner is stated to be the said boy.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.75823 of 2025(3) dt.21-01-2026
                                            2/3




          The victim girl was traced and her statement was recorded under

          Section 180 BNSS and she clearly stated that she had gone with

          the petitioner of her own free will. She further stated that she had

          developed affection towards the petitioner and voluntarily left

          her parental home. Same sort of statement was given by her in

          her statement recorded under Section 183 BNSS wherein she

          stated that she left her house and called the petitioner who she

          knew for a year. Both of them went to Muzaffarpur Station and

          from there to Kolkata where they stayed in a hotel. She also

          stated that she solemnized marriage with the petitioner in

          Muzaffarpur. On coming to know about the case lodged by her

          father, the victim and the petitioner appeared before the

          Chautham police station on 16.06.2025. Learned counsel further

          submits that the victim girl was medically examined and her age

          was assessed to be 15 to 17 years and no evidence was found of

          any recent physical intercourse and it rules out any allegation of

          sexual assault or physical exploitation. The petitioner is in

          custody since 18.06.2025 and charge-sheet has been submitted.

          The petitioner is having clean antecedent.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that the

          consent of minor is of no consequence.

                       06. Having regard to the facts and circumstances and
           Patna High Court CR. MISC. No.75823 of 2025(3) dt.21-01-2026
                                                       3/3




                     submissions made on behalf of the parties and 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-14th,

                     Saran at Chapra/court concerned in connection with Session Trial

                     No. 979 of 2025 arising out of Sonepur P.S. Case No. 506 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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