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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the petitioner to surrender and seek regular bail, conditioning bail on the victim’s appearance and support of the petitioner's submission.

Summary

The petitioner, Nitish Kumar, feared arrest in a kidnapping case (Sections 363, 366, 34 IPC) registered at Karjain Police Station. The prosecution alleged that he abducted the victim girl, while the petitioner contended he is innocent, having married the victim and fathered a child with her. Counsel for the petitioner argued that the marriage and child relationship negate the alleged offence. The Court, after hearing both sides, ordered that the petitioner may surrender before the lower court and apply for regular bail, subject to the victim’s appearance and support of the petitioner's claim. If the victim supports, bail will be granted upon furnishing appropriate bail bonds; otherwise, the lower court will decide the appropriate order. The order was directed to be communicated to the Principal District & Sessions Judge, Supaul for immediate compliance.

Issues considered

  • Whether the petitioner is entitled to bail pending trial in a kidnapping case where he claims to have married the alleged victim and has a child with her.

Legislation cited

Subjects

  • kidnapping
  • bail
  • Indian Penal Code
  • marriage
  • victim support
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88704 of 2025
                        Arising Out of PS. Case No.-18 Year-2024 Thana- KARJAIN District- Supaul
                 ======================================================
                 Nitish Kumar S/o Rajeev Kumar @ Rajiv Budhnagariya R/o Village - Vaysi,
                 Ward No. 5, P.S - Karjain, District - Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Yogendra Bhadeshvar S/o Late Motilal Bhadeshvar R/o Village - Hariraha,
                 Ward No. 03, P.S - Karjain, District - Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjay Kumar Singh
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Karjain P.S. Case No. 18 of 2024 registered for offences under

                   Sections 363, 366 and 34 of the IPC.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner and the victim girl have

                   got married and they have a child also.

                                5. In view of the aforesaid submission, this
            Patna High Court CR. MISC. No.88704 of 2025(2) dt.15-01-2026
                                                        2/2




                      application is disposed of with liberty to the petitioner to

                      surrender before the Court below and seek regular bail. If the

                      victim appears and supports the submission made on behalf of

                      the petitioner then the petitioner shall be released on bail on

                      appropriate furnishing bail bonds. If the victim doesn’t support

                      the submission, the Court below shall pass an appropriate order.

                                   6. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Supaul through FAX for its

                      compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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