Allowed¶19

Nitish Kumar v. The State of Bihar

Patna HC20 Aug 2025CR. MISC./42171/2025

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No.42171 of 2025 (decided 20-08-2025, Justice Ashok Kumar Pandey); regular bail allowed to Nitish Kumar in Saharsa Sadar P.S. Case No. 492 of 2024; charges under sections 363, 366A, 376 IPC and sections 4, 6 POCSO Act, 2012; victim's statement under Sections 180, 183 BNS showing voluntary departure and marriage; elopement; custody since 24.01.2025; no criminal antecedent; bail bond Rs.10,000/- with two like sureties before Special Judge, POCSO, Saharsa; opposite parties: State of Bihar and Amarjeet Paswan.

What did the court decide?

Regular bail granted to the petitioner in connection with Saharsa Sadar P.S. Case No. 492 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO, Saharsa. ¶19

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Nitish Kumar, implicated in Saharsa Sadar P.S. Case No. 492 of 2024 for offences under sections 363, 366A, 376 IPC and sections 4 and 6 of the POCSO Act, 2012, should be enlarged on regular bail.

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Court's answer

The court was inclined to enlarge the petitioner on bail and directed his release in connection with Saharsa Sadar P.S. Case No. 492 of 2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO, Saharsa.

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Ratio / Principle

In granting bail, the court took into account the facts placed on record, including that per the victim's statement recorded under Sections 180 and 183 of the BNS she had solemnized marriage with the petitioner and had gone with him on her own free will, and the APP's submission that no force was used to take her away.

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Detailed headnote1 paragraphs

Bail - Regular bail granted (Patna HC, Cr. Misc. No.42171 of 2025, Ashok Kumar Pandey, J., 20-08-2025): Petitioner Nitish Kumar, booked in Saharsa Sadar P.S. Case No. 492 of 2024 under sections 363, 366A, 376 IPC and sections 4 and 6 of the POCSO Act, 2012, enlarged on bail. Victim (age disclosed as 17 years and six months), whose statement was recorded under Sections 180 and 183 of the BNS, stated she had solemnized marriage with the petitioner and had gone with him on her own free will; APP conceded no force was used. Counsel characterized the case as one of elopement; petitioner in judicial custody since 24.01.2025 with no criminal antecedent. Released on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO, Saharsa.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42171 of 2025

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Arising Out of PS. Case No.-492 Year-2024 Thana- SAHARSA SADAR District- Saharsa

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

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Nitish Kumar S/O Tetar Paswan R/O VIllage- Amba, P.S. Saharsa Sadar, Distt.- Saharsa. ... ... Petitioner/s Versus

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The State of Bihar

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Amarjeet Paswan S/O Jogi Paswan R/O Village- Dah, P.S- Kaneria O.P, Distt.- Saharsa.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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3 20-08-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 376of the Indian Penal Code and Section 4, 6 of the POCSO Act, 2012.

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3. The case of the prosecution, in brief, is that the niece of the informant was found missing, whereupon he started searching for her. The informant suspected that co-accused namely, Nitish Kumar and Umesh Paswan has kidnapped his niece for the purpose of marriage. During the course of investigation, the victim was recovered and her statement was recorded under Sections 180 and 183 of the BNS. In her statement, she has stated that she has solemnized marriage with the petitioner and that she had gone with him on her own free

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Patna High Court CR. MISC. No.42171 of 2025(3) dt.20-08-2025 2/2

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will. She further disclosed that her age is 17 years and six months.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that it is a case of elopement. Moreover, the petitioner is languishing in judicial custody since 24.01.2025 having no criminal antecedent.

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5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the statement of the victim under Sections 180 and 183 of the BNS clearly reveals that no force was used to take her away.

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6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saharsa Sadar P.S. Case No. 492 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Saharsa.

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(Ashok Kumar Pandey, J)

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Jagdish/- U T

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

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