Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14139 of 2026 Arising Out of PS. Case No.-129 Year-2025 Thana- NAURANGIA District- West Champaran ====================================================== Nitish Kumar @ Nitesh Kumar S/O Harendra Sahani @ Harind Sahani R/O Village- Madanpura, Police Station- Naurangia, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X D/O Y R/O Village- Bakuli Majhaua, Police Station- Laukariya, DistrictWest Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Choudhary, Advocate For the State :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2026 Despite notice being received by the relative of the informant and granting adjournment, no one appears on behalf of the informant/opposite party no. 2.

02. Heard learned counsel for the petitioner and learned APP for the State.

03. In the present case, the petitioner seeks bail in connection with Naurangia P.S. Case No. 129 of 2025 registered for the alleged offences under Sections 65(1), 3(5) of BNS and Section 4 of the POCSO Act.

04. As per prosecution case, co-accused Kamlesh Kumar committed rape with the minor informant and allegation against the petitioner is that he prevented his cousin, who was

Patna High Court CR. MISC. No.14139 of 2026(6) dt.24-06-2026 2/3 friend of the victim, from raising any alarm. All these persons have been returning from attending a party from the house of the aunt of the friend of the victim girl and rape was committed.

05. Learned counsel for the petitioner submits the specific allegation of committing rape is not against this petitioner, who is a young man of 22 years. The petitioner is having clean antecedent. The petitioner is in custody since 28.11.2025 and charge sheet has been submitted.

06. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner by his conduct has helped co-accused in committing rape with the minor girl.

07. Having regard to the nature of allegation which is not specific for committing rape against this petitioner and also considering the age, period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-VII cum Special Judge, West Champaran, Bettiah/concerned Court in connection with Naurangia P.S. Case

Patna High Court CR. MISC. No.14139 of 2026(6) dt.24-06-2026 3/3 No. 129 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T