Nitish Choudhary @ Kanhaiya @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50679 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- BARAHAT District- Banka ====================================================== Nitish Choudhary @ Kanhaiya @ Nitesh Kumar S/O Manikant Choudhari R/O Vill.- Khanbad, P.S.- Bandhua Kurawan, Bounsi, Dist.- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Uttam Choudhari S/O Late Shankar Choudhari R/O Vill.- Andhirsoot, P.S.- Bounsi, Dist.- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md.Najmul Hodda, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-11-2025 Heard the learned counsel for the petitioner and learned counsel for the State. None appears on behalf of the informant.

2. The petitioner apprehends his arrest in connection with Barahat P.S. Case No. 43 of 2025 registered for offences under Sections 366(A), 504, 506/34 of the Indian Penal Code and Section 8/12 of the POCSO Act.

3. As per the prosecution case, the petitioner and others are accused of kidnapping the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence.

Patna High Court CR. MISC. No.50679 of 2025(3) dt.20-11-2025 2/2 He further submits that the petitioner has falsely been implicated in this case.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Though the allegation against the petitioner is of kidnapping the victim girl but from the statement of the victim girl, it appears that the victim girl had eloped with the petitioner on her own.

7. Considering the aforesaid facts and circumstances of the case, this application for anticipatory bail stands allowed.

8. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6th-cum-Special Judge, POCSO Act, Banka/concerned court below in connection with Barahat P.S. Case No. 43 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Sandeep Kumar, J) Shishir/- U T