Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40171 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- DANDARI District- Begusarai ====================================================== Nitish Kumar S/O Sachin paswan @ Satin Paswan Resident of villageSugran, ward no 13, PS- Dandari, district- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai For the State :
Mr. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Dandari Police Station Case No. 107 of 2024, dated 18.10.2024, disclosing offences under Sections 87/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution story, as per the First Information Report, is that on 16.10.2024, in the midnight, informant's daughter, namely, Sawan Kumari, aged about 18 years, was sleeping alone in her room. Around 02:00 A.M., when the informant woke up and found her daughter missing. During the search, he came to know that the petitioner with the help of other co-accused persons has abducted his daughter.
Patna High Court CR. MISC. No.40171 of 2025(4) dt.17-10-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent has not committed any offence in the manner alleged and he has falsely been implicated in the present case merely on the basis of suspicion. He next submits that there is inordinate delay of two days in lodging of the First Information Report. He further submits the statement of victim girl was recorded under Section 180 and 183 of the Bhartiya Nagrik Suraksha Sanhita where she has not supported the prosecution story and has stated that she voluntarily went with the petitioner at Patna and performed marriage at Sitlamata Temple with him.
5. Having regard to the submissions made on behalf of the parties and taking into consideration statement of the victim girl recorded under Section 180 and 183 of the Bhartiya Nagrik Suraksha Sanhita, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.40171 of 2025(4) dt.17-10-2025 3/3 to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Dandari Police Station Case No. 107 of 2024, subject to the condition laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) ashwani/- U T