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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in connection with Mahua P.S. Case No. 413 of 2024; release upon furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) per Section 2(1)(d) BNSS, 2023 before Exclusive Special Court POCSO-Cum-A.D.J.-VI, Vaishali at Hajipur, subject to conditions under Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 of the BNSS, 2023, apprehending arrest in Mahua P.S. Case No.413 of 2024. +1 more

Court's answer

The petitioner is to be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks, in connection with Mahua P.S. Case No. 413 of 2024.

Ratio / Principle

The release is conditional on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023, to the satisfaction of Exclusive Special Court POCSO-Cum-A.D.J.-VI, Vaishali at Hajipur, subject to the conditions laid down under Section 482(2) of the BNSS, 2023.

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Criminal Miscellaneous No. 6367 of 2025, oral order dated 09-05-2025: Anticipatory bail granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Nitin Kumar @ Nitin Raj, who apprehended arrest in Mahua P.S. Case No. 413 of 2024 (District Vaishali), lodged on 02.06.2024 under Sections 363/366 IPC and Sections 4/6 POCSO Act, alleging enticement of the informant's minor daughter with rupees one lac and gold jewellery. Petitioner to be released in the event of arrest or surrender before the Court below within 4 weeks, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) as per Section 2(1)(d) BNSS, 2023, to the satisfaction of Exclusive Special Court POCSO-Cum-A.D.J.-VI, Vaishali at Hajipur, subject to conditions under Section 482(2) BNSS, 2023. Counsel had contended the victim was over 18 years per a CBSE marksheet (DOB 17.07.2005) and produced the informant's application (Annexure-3) admitting the complaint was made under a wrong impression; notices were validly served on Opposite Party No. 2. No precedent was cited or discussed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6367 of 2025

Arising Out of PS. Case No.-413 Year-2024 Thana- MAHUA District- Vaishali

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

Nitin Kumar @ Nitin Raj S/O Navin Singh R/O Village- Purushottampur, P.SManiyari, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

Ranjeet Mishra S/o Late Devendra Mishra R/o vill - Chand Sarai, P.s.Mahua, Distt.- Vaishali

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mrs. Bela Singh, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 09-05-2025

Heard Learned Counsel for the petitioner and Learned APP for the State.

The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Mahua P.S. Case No.413 of 2024, lodged on 02.06.2024, under Sections 363/366 of the Indian Penal Code and under Sections 4/6 of the POCSO Act.

As per the prosecution, FIR has been lodged against the sole petitioner with allegation that the petitioner has enticed away the minor daughter of the informant with rupees one lac

Patna High Court CR. MISC. No.6367 of 2025(3) dt.09-05-2025 2/3

and gold jewellery.

It transpires that notices have already been issued and it has been validly served upon Opposite Party No.2.

Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the allegation that girl is minor is absolutely wrong. In support of that the Counsel has submitted markssheet of CBSE in which date of birth is 17.07.2005 and, therefore, on the date of occurrence the age of the alleged victim is more than 18 years. Learned Counsel submits that since age of victim girl is more than 18 years, therefore, POCSO Act shall not attract. Learned Counsel further submits that subsequently when informant became aware about the truth of the event, then an application has been filed by him that under wrong impression the case was filed against the petitioner which is annexed as Annexure-3.

Learned APP for the State opposes the prayer for bail of the petitioner.

In the light of the statement, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/-

Patna High Court CR. MISC. No.6367 of 2025(3) dt.09-05-2025 3/3

(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Court POCSO-Cum-A.D.J.-VI, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 413 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

(Dr. Anshuman, J)

Mkr./-

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