Patna High Court
Nitish Kumar @ Ghocha Kumar @ GhochaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PURNENDU SINGH
Holding
The Court denied pre‑arrest bail to the petitioner.
Summary
The petitioner, Nitish Kumar, applied for pre‑arrest bail in a case registered as Bhadwar P.S. Case No. 16 of 2025, alleging offences under several sections of the Bihar Narcotic Substances Act and the Protection of Children from Sexual Offences (POCSO) Act. The FIR alleges that the petitioner, along with co‑accused, kidnapped the informant’s sister under the pretext of marriage and that one co‑accused raped her. The victim’s statement recorded under Section 164 of the Criminal Procedure Code corroborated the kidnapping allegation and identified a co‑accused as the rapist. Considering the seriousness of the charges and the victim’s testimony, the Court was not inclined to grant bail. Consequently, the petition for pre‑arrest bail was dismissed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations of kidnapping and rape under the BNS Act and POCSO Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 127(2), 137(2), 351(2), 64, 96
- Code of Criminal Procedure, 1973 — s. 164
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6, 8
Subjects
- pre‑arrest bail
- kidnapping
- rape
- POCSO Act
- Section 164 CrPC
- victim statement
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87463 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- BHADHWAR District- Gaya
======================================================
Nitish Kumar @ Ghocha Kumar @ Ghocha S/O Udit Mishtri R/O Village-
Bijua, P.S- Bhadwar, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjan Kumar S/O Bimal Singh R/O Village- Bijua, P.S- Bhadwar, Distt.-
Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-02-2026 Heard Mr. Vijay Kumar, learned counsel appearing on
behalf of the petitioner and Mr. Ajay Kumar Jha, learned APP
for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bhadwar P.S. Case No. 16 of 2025 registered for the
offence(s) punishable under Sections 127(2),137(2),96,64,351(2), of
the BNS and Section 4,6,8 of the POCSO Act.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner kidnapped the
sister of the informant on the pretext of marriage.
4. Considering the nature of allegation made against
the petitioner and in light of the statement of the victim recorded
Patna High Court CR. MISC. No.87463 of 2025(3) dt.06-02-2026
2/2
under Section 164 Cr.P.C., wherein she has supported the
allegation made in the FIR and has also stated that one of the
co-accused committed rape with her, I am not inclined to grant
pre-arrest bail to the petitioner. Accordingly, the present bail
application stands dismissed.
(Purnendu Singh, J)
Sanjay/-
U
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