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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Nitish Kumar, was charged with kidnapping the minor daughter of an informant, theft of Rs. 1,50,000 and jewellery, and conducting a child marriage, under various provisions of the Bharatiya Nyaya Sanhita, 2023, the POCSO Act and the Child Marriage Act. He applied for bail, claiming innocence, lack of incriminating material, and that the victim voluntarily married him, as per her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita. The State and the informant opposed bail, emphasizing the seriousness of the offences and citing a Supreme Court precedent that discourages bail once trial witnesses are examined. The High Court considered the nature of the accusations, the stage of the trial, and the gravity of the offences, and concluded that bail could not be granted. Consequently, the bail petition was rejected and the trial court was directed to expedite the proceedings.

Issues considered

  • Whether bail should be granted to an accused in serious offences involving child kidnapping, theft, and child marriage at the current stage of trial.
  • Whether the victim's statement of voluntary marriage negates the applicability of the Child Marriage Act.
  • Whether the Supreme Court precedent on bail in serious offences is applicable to the present case.

Legislation cited

Subjects

  • bail
  • child kidnapping
  • theft
  • child marriage
  • POCSO
  • serious offences
  • high court
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79651 of 2025
                        Arising Out of PS. Case No.-213 Year-2024 Thana- BIHRA District- Saharsa
                 ======================================================
                 Nitish Kumar Son of Devanand Yadav R/o Village- Belahi Ward No. 7, P.S.-
                 Bihra, District- Saharsa

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X Wife of - Y R/o Village- Rakiya Ward No. 6, P.S.- Bihra, District- Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 For the Informant        :       Mr. Diwakar Prasad Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026                          Heard learned counsel for the petitioner, learned

                   APP for the State, learned counsel for the informant and perused

                   the case diary.

                                2. The petitioner seeks bail in connection with Bihra

                   P.S. Case No. 213 of 2024, instituted for the offences punishable

                   under Section 96 of the Bharatiya Nyaya Sanhita, 2023, later on

                   Sections 137(2), 65(1), 3(5) of the Bharatiya Nyaya Sanhita,

                   2023, read with Sections 4, 6 of POCSO Act and Section 9 of

                   Child Marriage Act was added.

                                3. The prosecution case, in short, is that minor

                   daughter of the informant went missing at night from her house

                   and also took Rs. 1,50,000/- along with gold jewellery from the
Patna High Court CR. MISC. No.79651 of 2025(3) dt.11-02-2026
                                            2/3




          almirah with her. It is further alleged that the petitioner lured the

          minor daughter of the informant and took her away with him.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner has not committed such

          offence as alleged in the FIR. It is further submitted that the

          victim has not stated anything against the petitioner in her

          statement recorded under Section 183 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 rather she has stated that she went on

          her own will to the house of the petitioner and solemnized

          marriage with him. The petitioner is in custody since 04.12.2024

          and has got no criminal antecedent.

                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          bail to the petitioner and submitted that there is specific

          allegation levelled against the petitioner of luring the victim

          who is a minor and performing marriage with her. Learned

          counsel for the informant also submitted that the trial is in

          progress and five witnesses have already been examined in this
             Patna High Court CR. MISC. No.79651 of 2025(3) dt.11-02-2026
                                                         3/3




                       case. Learned counsel for the informant relied upon a decision

                       of the Hon’ble Apex Court reported in 2024 SCC OnLine SC

                       3539 (X. vs. State of Rajasthan & Anr.), wherein in paragraph

                       no. 14, the Hon’ble Apex Court has held as under:

                                                            “14. Ordinarily in serious offences

                                               like rape, murder, dacoity, etc., once the trial

                                               commences and the prosecution starts

                                               examining its witnesses, the Court, be it the

                                               Trial Court or the High Court should be

                                               loath in entertaining the bail application of

                                               the accused.”

                                    6. Considering the aforesaid facts and circumstances

                       of the case, nature of accusation, present stage of the case and

                       the gravity of the offence, this Court is not inclined to grant bail

                       to the petitioner.

                                    7. The prayer is rejected. The trial Court is directed to

                       expedite the Trial.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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