Nitish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53315 of 2025 Arising Out of PS. Case No.-249 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Nitish Kumar Singh S/o Ram Jatan Singh Resident of Village- Bajitpur Abdullah Chowk, PS- Town, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Rajdeep, Advocate Ms. Diksha Kumari, Advocate Mr. Saroj Chaudhary, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 364, 201, 120B and 376 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy aged about 21 years and the informant alleges that she resides with her minor daughter aged about 17 years and her husband works at Gorakhpur as labourer. Further, her daughter, on the date of occurrence, had gone to the house of the accused but did not return till late in the evening, hence, the informant went to inquire to the house of the petitioner when she was informed that her daughter will come back. Further, on inquiry the sister
Patna High Court CR. MISC. No.53315 of 2025(2) dt.18-08-2025 2/3 of the informant disclosed that her daughter was accompanied by the petitioner and a stranger on a motorcycle and she thought that they were going to drop her to her home, hence, did not inform. It is further alleged that daughter of the informant till date has not returned and the police did not register an FIR, as such, the complaint was filed based on which the instant FIR came to be instituted.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner and the victim were in love and they elope. It is next submitted that statement of the victim was recorded under Section 183 of the BNSS wherein she disclosed her age as 17 years and four months and also stated that she has performed her marriage with the petitioner. It is also submitted that though the victim was short by some time in attaining majority but then had reached the age of discretion and was capable of understanding the consequences of her action.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the
Patna High Court CR. MISC. No.53315 of 2025(2) dt.18-08-2025 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Patori P.S. Case No. 249 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T