Dismissed¶21

Nitish Kumar v. The State of Bihar

Patna HC2 Dec 2025CR. MISC./35589/2025

Case brief

AI extract

What is this about?

Bail rejected and bail application dismissed; trial at fag end with only Investigating Officer to be examined on 11.12.2025; direction to trial court to conclude trial within one year per section 35(2) POCSO Act; petitioner in custody since 21.03.2025; SP Ara directed to ensure IO presence; offences under BNS 2023 Ss. 64(1), 69, 351(2), 352, 3/5 and POCSO Ss. 4, 6; Udwantnagar P.S. Case No. 554 of 2024, Bhojpur at Ara; Special Judge POCSO court; Patna High Court, 02-12-2025.

What did the court decide?

Prayer for bail rejected for the present because the trial is at its fag end, with only the Investigating Officer remaining to be examined on 11.12.2025; consequently the application stands dismissed. ¶20

Nitish Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶21

Issue for consideration

Whether the accused/petitioner should be granted bail in connection with Udwantnagar P.S. Case No. 554 of 2024 (offences under Sections 64(1), 69, 351(2), 352 & 3/5 of the Bhartiya Nyay Sanhita, 2023 and Sections 4 & 6 of the POCSO Act). +1 more

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Court's answer

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Ratio / Principle

Considering that the petitioner remains in custody since 21.03.2025, the learned trial court is directed to conclude the trial within the preferred timeline of one year as provisioned under section 35(2) of the POCSO Act.

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Key takeaways

A copy of the order is to be sent to the Superintendent of Police, Ara, Bhojpur, to ensure the presence of the investigating officer before the learned trial court on the next date of hearing for examination.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.), Criminal Miscellaneous No. 35589 of 2025, order dated 02-12-2025: bail application of Nitish Kumar, accused in Udwantnagar P.S. Case No. 554 of 2024 (District Bhojpur) registered under Sections 64(1), 69, 351(2), 352 & 3/5 of the Bhartiya Nyay Sanhita, 2023 and Sections 4 & 6 of the POCSO Act, pending before the District and Additional Sessions Judge-cum-Special Judge, POCSO, Bhojpur at Ara. With the trial at its fag end — only the Investigating Officer remaining to be examined on 11.12.2025 — the prayer for bail was rejected for the present and the application dismissed, the petitioner having been in custody since 21.03.2025. The trial court was directed to conclude the trial within the preferred one-year timeline under section 35(2) of the POCSO Act, and a copy of the order was sent to the Superintendent of Police, Ara, Bhojpur, to ensure the investigating officer's presence on the next hearing date.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35589 of 2025

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Arising Out of PS. Case No.-554 Year-2024 Thana- UDWANTNAGAR District- Bhojpur

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

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Nitish Kumar S/o Shyam Narayan Singh R/o vill - Western Nima, P.S.Udwantnagar, Distt. - Bhojpur at Ara

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... ... Petitioner

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Versus

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The State of Bihar

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Priya Kumari D/o Ram Awadhesh Singh R/o vill - Asni, P.S. - Udwantnagar, Distt.- Bhojpur at Ara

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... ... Opposite Party

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Appearance :

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For the Petitioner/s : Mr.Aryan Singh, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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6 02-12-2025

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Heard learned counsel for the petitioner and Dr. Indiwar Kumari, learned A.P.P. for the State.

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The accused/petitioner seeks bail in connection with Udwantnagar P.S. Case No. 554 of 2024 registered for the offences under Sections 64(1), 69, 351(2), 352 & 3/5 of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’) and 4 & 6 of the POCSO Act, pending in the court of learned District and Additional Sessions Judge-cum-Special Judge, POCSO, Bhojpur at Ara.

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Considering the submission as advanced by learned counsel appearing for the parties, as the trial of this case is at its fag end for the reason

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Patna High Court CR. MISC. No.35589 of 2025(6) dt.02-12-2025 2/2

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that only Investigating Officer of this case remains to be examined on next date i.e. 11.12.2025, accordingly, prayer of bail of the petitioner stands rejected herewith for the present.

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This application stands dismissed.

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Considering the submission that

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petitioner remains in custody since 21.03.2025, learned trial court is directed to conclude the trial within preferred timeline of one year as provisioned under section 35(2) of the POCSO Act.

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Let a copy of this order be sent to Superintendent of Police, Ara, Bhojpur to ensure presence of the investigating officer of this case before the learned trial court positively on next date of hearing for examination.

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Rajeev/-

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U T

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(Chandra Shekhar Jha, J)

Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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