Patna High Court
Nitish Kumar RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the victim's voluntary statement of consent and the absence of evidence of coercion warranted the grant of regular bail to the petitioner.
Summary
The petitioner, Nitish Kumar, sought regular bail in a case registered under sections 96, 351(2) and 3(5) of the BNS 2023, alleging kidnapping of the informant's minor daughter. The prosecution alleged that the petitioner had abducted the minor, while the petitioner claimed innocence, asserting that the victim voluntarily went with him for marriage. The victim, now approaching 18, gave a statement under section 183 indicating she left of her own free will and had married the petitioner. The State and the informant opposed bail, but the court considered the victim's consent and lack of coercive evidence. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to an accused under sections 96, 351(2) and 3(5) of the BNS 2023 for alleged kidnapping of a minor.
- Whether the victim's statement under section 183, indicating voluntary departure and consent, negates the element of kidnapping.
- Whether the victim's approaching age of 18 influences the grant of bail.
Legislation cited
- BNS, 2023 — s. 3(5), 351(2), 96
- Code of Criminal Procedure, 1973 — s. 183
- Protection of Children from Sexual Offences Act
Subjects
- bail
- kidnapping
- minor
- consent
- section 183
- POCSO
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89873 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Nitish Kumar Ram S/o- Rameshwar Ram Resident of village-Jagarnathpur
PS-Babubarhi District-Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Renu Devi W/O Devanand Mandal R/O - village - Jagarnathpur , P.S -
Bahubarhi Distt- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Adv
For the Opposite Party/s : Mr.Ajit Kumar, APP
For the Informant Mr. Gagandeo Yadav, Adv
Mr. Ravi Prakash, Adv
Mr. Udeshya Kumar Yadav, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 96, 351
(2),3(5) of the BNS 2023.
3. The case of the prosecution, in short, is that the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. During the course of investigation, the victim was
recovered and she has given statement under section 183 of the
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BNSS wherein she has stated that she was on talking terms with
the petitioner and she had gone with her own sweet will for
solemnizing marriage. She came into touch with the petitioner
as they were studying in the same coaching. She has further
stated that she has solemnized marriage with the petitioner and
went to Delhi. Learned counsel for the petitioner has submitted
that the victim is approaching 18years of age and she had gone
with the petitioner on her own sweet will. The petitioner is in
custody since 21.08.2025.
5. Learned APP and learned counsel for the informant
vehemently opposed the prayer for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named, petitioner is directed to be released on
bail in connection with Babubarhi P.S.Case No. 62 of 2025 on
furnishing bail bond of Rs, 10,000/- ( ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-VI cum Special Judge, POCSO,
Madhubani.
(Ashok Kumar Pandey, J)
N.K/-
U T
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