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Patna High Court

Nitish Kumar Thakur @ Nithis ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Nitish Kumar Thakur, was implicated in a kidnapping case (Bhargama Police Station Case No. 09 of 2025) alleging he abducted the informant's daughter on 21-12-2024. The petitioner contended that the allegations were fabricated and that he had a consensual love relationship with the victim, who, in a statement recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita, disclosed she was 17 years old, voluntarily went with him, and married him in a temple. The petitioner sought anticipatory bail, arguing false implication and reliance on the victim's statement. The Court considered the victim's statement and the provisions of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, and found merit in granting bail. Consequently, the Court allowed the anticipatory bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions. The order was pronounced by Justice Anil Kumar Sinha.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
  • Whether the petitioner was falsely implicated in the kidnapping offences under the Bhartiya Nyaya Sanhita.
  • Whether the victim's statement recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita is sufficient to influence the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • kidnapping
  • love marriage
  • Section 183
  • Section 482
  • Bhartiya Nagrik Suraksha Sanhita
  • Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91269 of 2025
                       Arising Out of PS. Case No.-9 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
                 Nitish Kumar Thakur @ Nithis Thakur Son of Arun Thakur Resident of
                 village - Raghunathpur (South), Ward No.- 02, P.S.- Bhargama, District -
                 Araria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Gopal Kumar Jha
                 For the State           :        Mr. Akshay Lal Pandit
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                    ORAL ORDER

3   02-04-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Bhargama Police Station Case No. 09 of 2025, dated

                            06.01.2025,       disclosing        offences      under      Sections

                            115(2)/126(2)/118(1)/76/96/352/3(5)             of    the    Bhartiya

                            Nyaya Sanhita.

                       3.   The prosecution case, as per the First Information Report,

                            is that the daughter of the informant was kidnapped by the

                            petitioner and others on 21.12.2024.

                       4. Learned counsel for the petitioner submits that the

                            petitioner has falsely been implicated in the present case
Patna High Court CR. MISC. No.91269 of 2025(3) dt.02-04-2026
                                            2/3




                  on the basis of concocted story. He next submits that there

                  was love relationship between the petitioner and victim

                  girl and the statement of the victim was recorded under

                  Section 183 of the Bhartiya Nagrik Suraksha Sanhita, in

                  which, she has disclosed her age as 17 years and has

                  stated that she was having love relationship with the

                  petitioner and she voluntarily went with the petitioner and

                  performed marriage in a temple at Katihar and stayed in

                  Ludhiana as husband and wife.

              5. Regards being had to the submissions made on behalf of

                  the parties and taking into consideration the statement of

                  victim girl recorded under Section 183 of the Bhartiya

                  Nagrik Suraksha Sanhita, I am inclined to grant the

                  petitioner privilege of anticipatory bail.

              6. This application is, accordingly, allowed.

              7. Let the petitioner, above named, in the event of his arrest

                  or surrender before the Court below within four weeks, be

                  released on bail on furnishing bail bond of Rs. 10,000/-

                  (Ten Thousand) each with two sureties of the like amount

                  each to the satisfaction of learned Judicial Magistrate Fist

                  Class, Araria, in connection with Bhargama Police Station

                  Case No. 09 of 2025, subject to the condition laid down
            Patna High Court CR. MISC. No.91269 of 2025(3) dt.02-04-2026
                                                        3/3




                              under Section 482 (2) of the Bhartiya Nagrik Suraksha

                              Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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