Patna High Court
Nitesh Kumar @ Niteesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita — s. 180, 183, 480(3), 96
- Prohibition of Child Marriage Act, 2006 — s. 9
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
Checking your session…