Dismissed¶6

Nikhil Kumar v. the State of Bihar

Patna HC19 Apr 2025CR. APP (SJ)/2543/2024

Case brief

AI extract

What is this about?

Patna HC CR. APP (SJ) No.2543 of 2024(6), decided 19-04-2025 by Bibek Chaudhuri, J: juvenile bail appeal dismissed; S.376 IPC and other penal provisions; Sahebpur Kamal PS Case No.237/2023, Begusarai; appellant a minor in protection home since 19.09.2023; Juvenile Justice Board trial ongoing with several witnesses examined; 'minor cannot give promise of marriage' argument advanced; bail refused citing heinous nature of offence.

What did the court decide?

Considering all such background and the heinous nature of the offence, the court was not inclined to release the appellant (a minor) on bail. ¶4

Nikhil Kumar Vs the State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2543 of 2024

¶2

Arising Out of PS. Case No.-237 Year-2023 Thana- SAHEBPUR KAMAL District-

¶3

Begusarai

¶4

======================================================

¶5

Nikhil Kumar Son Of Nagina Soni Resident Of Village - Fatehpur, Ward No.18 (PANCHVEER), Police Station - Sahebpur Kamal, District - Begusarai, Under The Guardianship Of His Uncle Namely Lalan Kumar, Aged About 57 Years, Son Of Rampravesh Sah, Resident Of Village - Salauna, Ward No. 07, Police Station - Bakhri, District - Begusarai

¶6

... ... Appellant/s

¶7

Versus

¶8

The State Of Bihar

¶9

Mandini Kumari @ Mandini Sah D/O Sanjeet Sah R/O Panchveer, Ward No.-9, P.S- Sahebpur Kamal, Distt.- Begusarai.

¶10

... ... Respondent/s

¶11

====================================================== Appearance : For the Appellant/s : Mr.Shashank Shekhar, Advocate For the Respondent/s : Mr.Mukeshwar Dayal, APP For the Informant : Mr.Gajendra Kumar Jha, Advocate Mrs.Sonali, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

¶12

6 19-04-2025

¶13

In connection with Sahebpur Kamal P.S. Case No. 237 of 2023, the appellant was arrested on 19^th of September, 2023 for committing an offence under Sections 376 and other penal provisions of the IPC on 12^th of September, 2023. He is under the control of the protection home since 19^th of September, 2023. Indisputably, the appellant is a minor.

¶14

It is submitted by the learned Advocate for the petitioner that there was an allegation of cohabitation by the appellant upon a minor girl on promise of marriage. Since the appellant is a minor, he cannot give promise of marriage to

¶15

Patna High Court CR. APP (SJ) No.2543 of 2024(6) dt.19-04-2025 2/2

¶16

another minor girl.

¶17

The learned Advocate on behalf of the informant submits that the case before the Juvenile Justice Board is at the stage of trial and considerable number of witnesses have been examined. It is expected that the trial of the case will conclude soon.

¶18