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Patna High Court

Nitish Thakur @ Nitesh ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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