Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of concrete evidence and given the petitioner’s clean record and prolonged pre‑trial detention, bail may be granted subject to reasonable conditions.
Summary
Nitish Kumar was arrested in connection with a case under Sections 17(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act, alleged to have enticed the informant’s daughter. The petitioner pleaded innocence, asserting that the victim left her home voluntarily, had not made any statement against him under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and refused medical examination. The State opposed bail, citing the seriousness of the offences. The Court, noting the petitioner’s lack of prior criminal record, the vague and omnibus nature of the allegations, and the extended period of custody since 4 March 2025, decided to grant bail. Bail was ordered on a bond of Rs 15,000 with two sureties and specific conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted in a case involving alleged offences under the Bharatiya Nyaya Sanhita and the POCSO Act.
- Whether the absence of a victim’s statement and medical examination justifies bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 17(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- criminal procedure
- POCSO
- Bharatiya Nyaya Sanhita
- victim testimony
- surety
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80440 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- MASAUDHI District- Patna
======================================================
Nitish Kumar S/O Lalbesar Bind Resident of Village- Baririchak, P.S-
Masaurhi, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Late Baban Bind R/O Village- Bairichak, P.O and P.S- Masaurhi,
Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
For the Informant : Mr. Abhoy Kumar Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 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
Masaurhi P.S. Case No. 46 of 2025, instituted for the offences
punishable under Sections 17(2), 96 of the Bharatiya Nyaya
Sanhita, 2023 and subsequently Sections 8/12 of POCSO Act.
3. The prosecution case, in short, is that the petitioner
has enticed away informant’s daughter.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.80440 of 2025(4) dt.11-02-2026
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present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that the
allegation levelled against the petitioner is general and omnibus
in nature. It is next submitted that the victim has left her house
on her own will. 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 and the victim has also refused for her medical
examination. The petitioner is in custody since 04.03.2025 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.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Masaurhi P.S. Case
No. 46 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.80440 of 2025(4) dt.11-02-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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