Nitish Kumar Yadav @ Nitish Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53801 of 2025

Arising Out of PS. Case No.-41 Year-2025 Thana- ARARIA District- Araria

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Nitish Kumar Yadav @ Nitish Yadav, S/o Late Arun Yadav R/o Vill- Khabda Kanhaili, Ward No. 09, P.S.- Narpatganj, Distt- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr. Binod Kumar No.3, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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3 17-10-2025

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Heard Mr. Gopal Kumar Jha, learned counsel for

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the petitioner and Mr. Binod Kumar No.3, learned APP for the State.

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2. Petitioner seeks regular bail in connection with Araria P.S. Case No. 41 of 2025 dated 07.02.2025 registered for the offences punishable under Sections 137(2), 87 and 3(5) of the Bharatiya Nayaya Sanhita.

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3. The main submissions advanced by the petitioner’s counsel are that the petitioner has been languishing in jail since 30.04.2025, against him the investigation has been completed and the allegations levelled against him by the victim are not believable, as admittedly, the victim entered into friendship with the petitioner through ‘Instagram’ and thereafter, voluntarily went with him, firstly to Bengaluru and thereafter to Goa, from

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Patna High Court CR. MISC. No.53801 of 2025(3) dt.17-10-2025 2/3

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where she was brought back and as per the victim’s educational certificate, she is 19 years old. It is further submitted that, after coming back from Goa, the victim made allegations before the Judicial Magistrate under the pressure of her parents.

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4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that there is serious allegations against this petitioner and he is 32 years old while the victim is 19 years old, so, the petitioner’s plea as to both having entered into friendship, is completely unbelievable.

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5. Heard both the sides and perused the FIR and the trial court’s order. Though there is serious allegation against this petitioner, however, considering his custody period and completion of investigation against him, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Araria P.S. Case No. 41 of 2025 on the following condition:-

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(i). As the petitioner has been languishing in jail since 30.04.2025, so, the trial court is directed to proceed with the framing of charges against the petitioner as per the provisions of

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Patna High Court CR. MISC. No.53801 of 2025(3) dt.17-10-2025 3/3

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law and the petitioner will be released after the framing of

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charges.

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6. If, for any legal reason, charges are not framed upon the petitioner without any fault on the part of the petitioner, then the petitioner will be released after one month from the date of this order.

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(Shailendra Singh, J)

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maynaz/-

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U T

Nitish Kumar Yadav @ Nitish Yadav v. The State of Bihar

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Nitish Kumar Yadav @ Nitish Yadav v. The State of Bihar

Case brief

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