Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner on condition of bond and sureties.
Summary
The petitioner, Nitish Kumar, was arrested in August 2025 in connection with a kidnapping case involving a minor girl under Section 137(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that he abducted the minor, while the petitioner claimed innocence and alleged false implication. The victim's statement indicated that she had eloped with the petitioner, raising questions about the nature of the alleged kidnapping. The petitioner applied for regular bail, arguing that he was in custody without sufficient grounds for denial. The court, after considering the statements and submissions, decided to grant bail on the condition of a Rs.10,000 bond and two sureties. The order was pronounced by Justice Sandeep Kumar, releasing the petitioner pending further trial.
Issues considered
- Whether bail should be granted to an accused under Section 137(2) of the Bharatiya Nyaya Sanhita for alleged kidnapping of a minor
- Whether the victim's claim of elopement affects the bail considerations
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2)
Subjects
- bail
- kidnapping
- minor
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86819 of 2025
Arising Out of PS. Case No.-175 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
Nitish Kumar Son of Musan Kamti @ Musan Mandal Resident of Village-
Sukhsena, P.S.- Barhara Kothi, District- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX Son of Birbal Mandal R/o Village - Nawtolia, Sukhsena, P.S.-
Barhara Kothi, Dist.- Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Pandey, Advocate
For the State : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Barhara Kothi P.S. Case No. 175 of 2025 registered for the
offence punishable under Section 137(2) of the Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, the petitioner is
accused of kidnapping a minor girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 06.08.2025.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.86819 of 2025(5) dt.25-03-2026
2/2
prayer for regular bail of the petitioner.
6. From the statement of the victim girl, it appears that
she has eloped with the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Sessions Judge-VII-cum-Special Judge, POCSO, Purnea/
concerned Court in connection with Barhara Kothi P.S. Case
No. 175 of 2025.
(Sandeep Kumar, J)
P. Kumar
U T
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