Created by Fuzzy Cloud

Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.