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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the application for anticipatory bail, directing release upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act for allegedly establishing a physical relationship with an informant under the pretext of marriage. The prosecution alleged that the petitioner committed offences under sections 64, 126(2), 115(2), 353, 351(2), 3(5) of the BNSS and sections 4 and 6 of the POCSO Act. The petitioner’s senior counsel contended that he was innocent and that the FIR merely indicated a consensual relationship. The State opposed the bail, arguing the seriousness of the alleged offences. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the BNSS and imposing standard bail conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the BNSS and POCSO Act
  • Whether the allegations constitute a prima facie case warranting denial of bail
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • POCSO Act
  • section 482
  • bail conditions
  • sexual offences
  • marriage fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90974 of 2025
                       Arising Out of PS. Case No.-62 Year-2025 Thana- TIKAPATTI District- Purnia
                 ======================================================
                 Nitish Kumar S/o- Vijay Sah Village- Purani Nandgola Ward No.16 PS-
                 Tikapatti Dist- Purnea

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Kajal Kumari W/o- Nitish Kumar (S/o- Dipnarayan Mandal) R/v- Arajpur
                 Ps- Chausa Dist- Madhepura, A/P- Kajal Kumari D.o- Rudal Mandal, Purani
                 Nandgola Ps- Tikapatti Dist- Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Pd. Singh, Advocate
                                                  Mr. Shivnandan Sah
                 For the Opposite Party/s :       Mr. Ram Naresh Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   04-02-2026                   Heard the learned Senior counsel for the petitioner

                   and learned counsel for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Tikapatti P.S. Case No. 62 of 2025 registered for offences under

                   Sections 64, 126(2), 115(2), 353, 351(2), 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 4/6 of the POCSO Act.

                                3. As per the prosecution case, the petitioner is

                   accused of establishing physical relationship with the informant

                   on the pretext of marriage.

                                4. Learned Senior counsel for the petitioner submits

                   that petitioner is quite innocent and has not committed any

                   offence. He further submits that from the FIR it is evident that
            Patna High Court CR. MISC. No.90974 of 2025(3) dt.04-02-2026
                                                        2/2




                      the petitioner and the informant were in relationship.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned concerned

                      Court below in connection with Tikapatti P.S. Case No. 62 of

                      2025 subject to the conditions as laid down under Section

                      482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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