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Patna High Court

Nistu Kumar @ Nisthu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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