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Patna High Court

Nitish Kumar Dubey @ Nitish DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 183, 3(5), 351(2), 351(3), 352, 482(2), 64(1)
  • POCSO Act — s. 4

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
Patna High Court CR. MISC. No.77309 of 2025(4) dt.29-04-2026
                                            3/4




          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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