Regular bail in a POCSO case alleging rape on false pretext of marriage and dowry demand. Court noted petitioner had married complainant, both were willing to continue matrimonial life, charge-sheet filed and custody long, and granted bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48953 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- Marnga District- Purnia
======================================================
Nitish Kumar, Son of Arun Sharma, Resident of village-Jotalkhay, Police Station-K. Nagar (Maranga), District-Purnea.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP For the Informant : Mr. Rakesh Kumar Jha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 17-11-2025
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for the informant.
Patna High Court CR. MISC. No.48953 of 2025(4) dt.17-11-2025 2/4
Case No.3 of 2025 preferred before the Special Judge, POCSO, Purnea, which is the basis of present FIR, is that petitioner committed rape upon her initially on false pretext of marriage and when she became pregnant, petitioner solemnized marriage with her and after marriage when she joined her matrimonial home, she was not accepted by her inlaws and a further demand of dowry for cash of Rs.10 lakhs was also raised by this petitioner.
Patna High Court CR. MISC. No.48953 of 2025(4) dt.17-11-2025 3/4
wife and also the child. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has already submitted and, as such, there is no chance of tampering with the evidence.
Jha, learned counsel for the complainant/informant while opposing the prayer of bail submitted that the complainant is also desirous to continue her matrimonial life with petitioner.
completed, where petitioner, being a man of clean antecedent, remains in custody since 25.03.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned DASJ-6th-cum-Special Judge
Patna High Court CR. MISC. No.48953 of 2025(4) dt.17-11-2025 4/4
(POCSO), Purnea in connection with Special Case No.119 of 2025 arising out of Maranga P.S. Case No.67 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether the accused named in the FIR and in custody since 25.03.2025 should be released on bail in a POCSO/BNS rape case where he had married the complainant and investigation was complete?
4 provisions across 4 enactments
Nitish Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
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