Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 34, 363, 366
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
Checking your session…