Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45500 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== Nitish Kumar, S/O Munshi Turiya, R/O Village- Itpakwa, P.S- Kawakol, Distt.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate Mr. Rajnish Kumar, Advocate Ms. Sweta Burnwal, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-09-2025 Heard Mr. Sheo Nandan Prasad, learned counsel for the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Kawakol P.S. Case No. 153 of 2025 registered for the offence punishable under Section 87 of the B.N.S.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During course of investigation, the victim was recovered and she has given her statement under Section 183 of the B.N.S.S. wherein she has stated that she went with the petitioner to Kolkata and there she

Patna High Court CR. MISC. No.45500 of 2025(3) dt.11-09-2025 2/2 solemnized marriage with him in a temple. She has categorically stated that they were not living as husband and wife. Ultimately, she called her parents and was brought to home. It has also been submitted that the victim has followed the petitioner on her own will. From perusal of the diary, it is also clear that medical examination of the victim was not conducted and there is no document on the record to show the age of the victim. Moreover, in view of the statements made by the victim under Section 183 of the B.N.S.S., the allegations made against the petitioner are not attracted. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 23.04.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Nawada in connection with Kawakol P.S. Case No. 153 of 2025. (Ashok Kumar Pandey, J) lata/- U T