Patna High Court
Nitish Kumar Dubey @ Nitish DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Nitish Kumar Dubey, was accused in a Mohania police case of having a sexual relationship with the informant's minor daughter, alleged under sections of the B.N.S. and Section 4 of the POCSO Act. The informant claimed the petitioner had been in a physical relationship with the girl for several years, while the petitioner denied any physical contact, stating only a conversational relationship existed. The victim’s statement recorded under Section 183 of the B.N.S. contradicted the prosecution’s claim, asserting no physical relationship, and a medical examination found no recent signs of sexual activity. The opposition argued that the victim’s earlier statement supported the charges and that the petitioner had threatened the informant. Considering the victim’s denial and the medical report, the court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under the POCSO Act and other sections of the B.N.S.
- Whether the victim’s statement denying physical relationship and the medical report negate the prosecution’s case
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing the victim
Legislation cited
Subjects
- anticipatory bail
- POCSO
- sexual assault
- minor
- victim statement
- medical evidence
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77309 of 2025
Arising Out of PS. Case No.-414 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
Nitish Kumar Dubey @ Nitish Dubey S/o- Ram Ayodhya @ Ram Ayodhya
Dubey @ Rama Ayodhya Dubey @ Ayodhya Dubey @ Lotan Dubey R/v-
Katsariyan, Barupur, Badhupar, Ps- Mohaniya, Dist- Kaimur Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sarita Devi W/o- Anil Kumar Dubey R/v- Katsariyan, Barupur, Badhupar,
Ps- Mohaniya, Dist- Kaimur Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiva Ranjan
Mr.Dheeraj Kumar
For the Opposite Party/s : Mr.Vinod Shanker Modi
For the informant : Mr. Kumar Sunil
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 29-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Mohania (Mohaniya) P.S. Case No. 414 of 2025 dated
17.05.2025 registered under Section 64(1), 352, 351(2), 351(3),
3(5) of the B.N.S. and Section 04 of the POCSO Act.
3. As per the first information report lodged on
17.05.2025 the younger daughter of the informant, aged about
16 years, has been allured by the petitioner, aged about 36 years
being the agnate (uncle) and he has been establishing physical
Patna High Court CR. MISC. No.77309 of 2025(4) dt.29-04-2026
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relationship with the informant’s daughter for the last four years.
After some days, the informant came to know about the love
affair of her daughter with the petitioner, who is uncle of the
victim, and when she protested, the petitioner abused the
informant and threatened to kill her.
4. Learned counsel for the petitioner submits that the
petitioner being the agnate of the victim girl has falsely been
implicated in this case only on the basis of the fact that the
daughter of the informant used to talk with the petitioner being
the family member. The petitioner denied that he has established
physical relationship with the victim. Only talking terms were
there between the petitioner and the victim girl. The statement
of the victim girl was recorded under Section 183 of the
B.N.S.S. in which she has not supported the prosecution story
and has denied having any physical relationship with the
petitioner. The doctor examined the victim and has given the
finding that there is no sign of recent physical relationship.
5. On the other hand, Mr. Kumar Sunil, learned
counsel for the informant vehemently opposed the prayer for
anticipatory bail and submits that that petitioner being the uncle
of the victim girl, taking advantage of her tender age of about
14-16 years, has been establishing physical relationship with her
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for the last 3-4 years. On objection being made by the
informant, the petitioner threatened the informant and the girl
also threatened to commit suicide. The mind of the victim girl
was changed by the petitioner however the girl has supported
the prosecution case in her statement recorded on the date of
occurrence i.e. on 17.05.2025 stating that the petitioner has been
establishing physical relationship with her.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that the victim girl has
not supported the prosecution case in her statement under
Section 183 B.N.S.S. recorded within a period of two days from
the date of lodging of the F.I.R. and has said therein that only
talking term between the petitioner and the victim girl was there
and no physical relationship was established between them,
accordingly, I am inclined to grant anticipatory bail to the
petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge-VI cum Special
Patna High Court CR. MISC. No.77309 of 2025(4) dt.29-04-2026
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Judge POCSO Act, Kaimur (Bhabhua) in connection with
Mohaniya P.S. Case No. 414 / 2025 subject to the condition as
laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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