Patna High Court
NITISH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
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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
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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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