Patna High Court
Nistu Kumar @ Nisthu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petition for anticipatory bail, granting it subject to prescribed conditions.
Summary
The petitioner, Nistu Kumar, was accused of kidnapping and offences under the IPC and POCSO Act after a girl allegedly disappeared with him. The prosecution alleged that he abducted the girl on a motorcycle, while the petitioner claimed the relationship was consensual and they had married. The victim’s statements recorded under Sections 161 and 164 of the Cr.P.C. indicated she left voluntarily and denied any kidnapping. Considering these statements and the petitioner’s clean antecedents, the court granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to the provisions of Section 438(2) Cr.P.C. and Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under IPC Sections 363, 365, 366A, 34 and POCSO Act Sections 8 and 17.
- Whether the victim’s voluntary statement under Sections 161 and 164 Cr.P.C. negates the charge of kidnapping.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 161, 164, 438(2)
- Indian Penal Code — s. 34, 363, 365, 366A
- Protection of Children from Sexual Offences Act — s. 17, 8
Subjects
- anticipatory bail
- kidnapping
- rape
- POCSO
- victim statement
- marriage
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83950 of 2025
Arising Out of PS. Case No.-357 Year-2021 Thana- CHHATAPUR District- Supaul
======================================================
Nistu Kumar @ Nisthu Kumar S/o Anil Kumar Pandey R/o vill - Laxmipur
Kate Gama, Chandisthan, ward no. 15, P.s.- Kumar Khand, Distt.- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX, W/o Md. Hasim, R/o Chunni, Ward No. 1, P.S. Chhatapur, District –
Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Naresh Kumar Mehta
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for offence under Sections 363, 365, 366A, 34 of the
Indian Penal Code and Sections 8 / 17 of the POCSO Act.
3. The prosecution case, in brief, is that on 11.10.2021
at about 4 AM (morning), informant’s daughter went to
defecate, but did not return and on search, the informant came to
know that her daughter has been taken away by this petitioner
on a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence. As a
matter of fact, there was love affairs between the petitioner and
Patna High Court CR. MISC. No.83950 of 2025(2) dt.06-01-2026
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the victim and both of them fled away and solemnized marriage.
The victim, in her statement recorded under Sections 161 and
164 of Cr.P.C., has denied the factum of kidnapping and has
specifically stated that she left her house at her own volition
with this petitioner and solemnized marriage with him.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the statement of the victim recorded
under Sections 161 and 164 Cr.P.C., the prayer for anticipatory
bail of petitioner is allowed. Accordingly, in the event of
arrest/surrender before the Court below within a period of eight
weeks from today, let the above named petitioner be enlarged on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge-cum-Special
Judge, POCSO Act, Supaul in connection with Chhatapur P.S.
Case No. 357 of 2021, subject to condition as laid down under
Section 438(2) of the Cr.P.C./Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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