Patna High Court
Nitish Thakur @ Nitesh ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties, and statutory conditions.
Summary
The petitioner, Nitish Thakur, was named in an FIR alleging non‑penetrative sexual assault on the informant's daughter and was also accused of eve‑teasing. He contended that the complaint was retaliatory, arising from a prior neighborhood dispute in which he was assaulted and had lodged a separate case. The police, after investigation, submitted a closure report in his favour, but the jurisdictional magistrate proceeded to take cognizance of the case. The petitioner applied for anticipatory bail, which the State opposed. The High Court, noting the closure report, the clean antecedent of the petitioner, and the antagonistic relationship between the parties, ordered that he be released on bail upon surrender within four weeks, subject to a bail bond and sureties, and conditioned on compliance with Sections 438(2) of the Cr.P.C and 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR and pending charges under the Bhartiya Nyay Sanhita and POCSO Act.
- Whether the police closure report and the alleged retaliatory nature of the complaint warrant bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 3(5), 74
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- sexual assault
- eve teasing
- POCSO Act
- closure report
- retaliatory complaint
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80138 of 2025
Arising Out of PS. Case No.-61 Year-2024 Thana- MAHILA PS District- Aurangabad
======================================================
Nitish Thakur @ Nitesh Thakur Son of Sudarshan Thakur Resident of Village
- Jhari, Police Station - Mohammedganj, Dist. - Palamu(Jharkhand).
... ... Petitioner
Versus
1. The State of Bihar
2. Xxxx resident of village xxxxxx
2. Xxxx Son of Yyyy R/o Village - Navjadik Sadan, Kunda House, Dist. -
Aurangabad(Bihar).
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Ravish, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner
and learned APP for the State.
2. The accused-petitioner, named in the
F.I.R., is apprehending his arrest in connection with
Mahila Thana P.S. Case No. 61 of 2024 registered
for the offences punishable under Sections 126(2),
115(2), 74, 3(5) of the Bhartiya Nyay Sanhita, 2023
(in short, the ‘B.N.S.’) and section 8 and 12 of the
Protection of Children from Sexual Offences Act (in
short, the “POCSO Act”).
3. As per FIR, petitioner alleged to
tease/sexual assault (non-penetrative) upon the
Patna High Court CR. MISC. No.80138 of 2025(3) dt.26-02-2026
2/3
daughter of the informant while she was going to
school and when act of the petitioner was reported
to his parents, they abused and assaulted the
informant on 21.09.2024.
4. Learned counsel appearing on behalf of
the petitioner submitted that in fact one
occurrence related with neighborhood dispute took
place on 21.09.2024 where the informant of this
case assaulted the petitioner for which the
petitioner lodged a case which was registered as
Aurangabad Town P.S. Case No. 674/2024 dated
22.09.2024. It is submitted that in retaliation of
aforesaid case, the present case was lodged on
30.09.2024, making with aggravated allegation of
eve teasing and sexual assault. Considering all
such aspects, police, after investigation, submitted
closure report against the petitioner, but learned
jurisdictional Magistrate took cognizance by taking
a different view. Petitioner claimed clean
antecedent.
5. Learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.80138 of 2025(3) dt.26-02-2026
3/3
6. In view of the aforesaid factual
submissions and by taking note of the fact as after
investigation, police submitted closure report
against the petitioner where parties are also
appears in inimical terms, as discussed aforesaid,
accordingly, above-named petitioner, in the event
of his arrest/surrender within a period of four
weeks from this order, is directed to be enlarged
on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like
amount each to the satisfaction of learned
Additional Sessions Judge-VI-cum-Special Exclusive
Judge (POCSO Act), Aurangabad/concerned court in
connection with Mahila Thana P.S. Case No. 61 of
2024, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.