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Patna High Court

NITISH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to monetary bond, sureties and strict compliance with trial conditions.

Summary

The petitioner, Nitish Kumar, was arrested in connection with a POCSO case alleging that he enticed a 14‑year‑old girl away for marriage and that his family aided the alleged abduction. He contended that the relationship was consensual, that the girl had expressed fear of her parents, and that she had refused a medical examination, asserting his innocence and lack of prior criminal record. The State and the co‑accused opposed bail, emphasizing the seriousness of the offences under Sections 137(2), 96, 140(3) of the B.N.S and Sections 8 and 12 of the POCSO Act. The court examined the statements and the circumstances, and, while noting the gravity of the charges, decided to grant regular bail on the condition of a Rs.10,000 bond with two sureties and compliance with trial attendance requirements. The bail was conditioned on the petitioner not tampering with evidence and cooperating fully with the trial proceedings.

Issues considered

  • Whether regular bail can be granted to the accused in a POCSO case involving alleged child marriage and abduction.

Legislation cited

Subjects

  • bail
  • POCSO
  • child marriage
  • abduction
  • minor
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78458 of 2025
                          Arising Out of PS. Case No.-47 Year-2025 Thana- Piplawa District- Patna
                 ======================================================
                 NITISH KUMAR S/o Sri Bihari Mistri R/o Village- Anauli, P.S-
                 Bhagwanganj, Dist- Patna

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Niranjan Kumar S/O Madan Mistri R/V - Bakua, P.O. - Poabo, P.S. -
                 Piplawan Naubatpur, Dist. - Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Kumar Rajeev, Advocate
                 For the Opposite Party/s :         Mr.Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   27-04-2026                    Heard learned counsel for the petitioner, Learned counsel

                   for the Opposite Party No.2 and learned APP for the State.

                                2. The petitioner has preferred this application for grant of

                   regular bail in connection with Piplawan P.S. Case No. 47 of 2025,

                   Spl. (POCSO) Case No. 217 of 2025 registered for the offences

                   punishable under Sections 137 (2), 96, 140 (3) of B.N.S and 8/12 of

                   POCSO Act.

                                3. As per the prosecution case, the informant used to live

                   at Dulhin Bazaar since last ten years and used to facilitate the

                   education of his children. It is alleged that this petitioner started

                   living with him since last ten months. It is alleged that, on

                   15.03.2025, at about 07.00 a.m., this petitioner enticed away his

                   fourteen years minor daughter for the purposes of marriage. It has
Patna High Court CR. MISC. No.78458 of 2025(4) dt.27-04-2026
                                            2/3




          further been alleged that the family members of the petitioner had

          helped in abduction of the victim girl.

                       4. Learned counsel for the petitioner has submitted that

          the petitioner is innocent and has falsely been implicated in this case.

          Learned counsel for the petitioner has submitted that the victim in her

          statement recorded under Section 183 of B.N.S.S, has expressed

          danger of her life as well as of the petitioner at the hands of her

          parents. It is further submitted that the petitioner and the victim were

          in love with each other and both of them entered into relationship

          through messages followed by talks and thereafter, both of them fell

          in love and this petitioner had performed marriage with the victim

          and the victim fled away with the petitioner at her own sweet will. It

          has further been submitted that there is no element of enticing or

          taking away the victim. Moreover, it has been submitted that, as per

          statement recorded under Section 183 of the B.N.S.S, she apprehends

          her danger and also of the petitioner at the hands of the father of the

          victim. It has further been submitted that the victim has refused her

          medical examination. It has been submitted that the petitioner is in

          custody since 15.05.2025 and has got no criminal antecedent.

                       5. Learned APP for the State as well as learned counsel for

          the Opposite Party No.2 has vehemently opposed the prayer for bail

          of the petitioner. Learned counsel for the Opposite Party No. 2 has

          submitted that the victim has been released in her favour by this

          Hon’ble Court and the victim will be staying with him.
             Patna High Court CR. MISC. No.78458 of 2025(4) dt.27-04-2026
                                                         3/3




                                     6. Heard the parties and perused the record, let the

                       petitioner above-named, be enlarged on bail on furnishing bail-bonds

                       of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of learned Addl. Sessions Judge-VII-

                       cum-Exclusive Special Judge, POCSO, Patna in connection with

                       Piplawan P.S. Case No. 47 of 2025, Spl. (POCSO) Case No. 217 of

                       2025.

                                     7. It is directed that the petitioner should co-operate in

                       trial and will represent on each and every date fixed in the trial and

                       failure on two dates without any reasonable explanation, the learned

                       trial Court would be at liberty to cancel the bail bonds of the

                       petitioner.

                                     8. It is further directed that the petitioner should not

                       tamper with the evidence and if he does so, the prosecution would be

                       at liberty to file an appropriate application to cancel the bail bonds of

                       the petitioner.

                                     9. The application stands allowed.



                                                  (Praveen Kumar, J)
vashudha/-

U      T


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