Patna High Court
Nitish Kumar Yadav @ Nitish KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Nitish Kumar Yadav, was arrested in connection with a case registered under Section 96 of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act for allegedly taking away a 17‑year‑old girl with intent to marry her. The prosecution alleged that the petitioner had been in communication with the minor and forcibly removed her from her mother’s house. The petitioner claimed innocence, stating that the girl voluntarily expressed love for him and that she was recovered on the same day, with her statement recorded under Section 183 of the B.N.S. He has no prior criminal record. The informant’s counsel did not oppose bail, while the State opposed. After hearing the parties, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted in a case involving alleged kidnapping under Section 96 B.N.S. and sexual offences under Section 8 POCSO Act.
- Whether the minor’s alleged consent affects the bail decision.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 87, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- kidnapping
- POCSO
- minor
- consent
- criminal procedure
- Section 96 B.N.S.
- Section 8 POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77378 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- KATORIYA District- Banka
======================================================
Nitish Kumar Yadav @ Nitish Kumar, S/O Raghu Yadav, Resident Of Village-
Dokhri, Ps- Katoria, Dist- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Devi, W/O Dhanraj Yadav, Resident Of Village- Dokhri, Ps- Katoria,
Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Adv.
For the Opposite Party/s : Ms. Renuka Ratnaka, APP
For the Informant : Mr. Pankaj Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner, learned
A.P.P for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Katoriya P.S. Case No. 169 of 2025 dated 06.06.2025
registered for the offence punishable under Section 96 of
the Bharatiya Nyaya Sanhita in which charge-sheet has
been submitted under Section 96 of the B.N.S. as well as
under Section 8 of the POCSO Act, but cognizance has
been taken under Section 87 of the B.N.S. and under
Section 8/12 of the POCSO Act.
3. The prosecution case, in short, is that the
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accused petitioner used to talk with the informant's minor
daughter (aged about 17 years) on mobile due to which
disputes occurred several times. It is further alleged that on
05.06.2025 the said accused came to the house of informant
and took away her daughter with intention to marry her.
When the informant reached at home, she came to know
about the incident from her younger daughter. Thereafter,
she went at the house of accused, where the said accused
abused and threatened with dire consequences.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that the alleged victim girl was
recovered on the same day and her statement was recorded
under Section 183 B.N.S.S., in which she stated that she
was in love with Nitish Kumar Yadav (petitioner) for about
4 years so, his mother kept her in the house of petitioner’s
uncle. After getting major, she wants to get married with the
petitioner and the petitioner also wants to marry her. The
date of birth of victim girl is of 04.05.2008. It is also stated
that at the time of alleged occurrence she was 17 years old.
Lastly, it has been submitted that the petitioner is in custody
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since 07.06.2025, having no criminal antecedent and
charge-sheet has been submitted in the case.
5. On the other hand learned counsel for the
informant appeared but did not oppose the prayer for grant
of bail of the petitioner.
6. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
7. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge-VI-cum-Special Judge, POCSO,
Banka in connection with Katoriya P.S. Case No. 169 of
2025.
(Khatim Reza, J)
prabhat/-
U T
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