Patna High Court
Nitish Kumar Thakur @ Nithis ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 183, 482(2)
- Bhartiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 3(5), 352, 76, 96
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.