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2025 DAILYLAW 57641 (PAT)

Nitish Kumar v. The State of Bihar through the Principal Secretary, Law Deptt., Bihar,

CR. WJC/1502/2025 · 2025-07-08

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1502 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- TIKAPATTI District- Purnia ====================================================== Nitish Kumar S/o Vijay Sah R/o Village- Purani Nandgola, ward No.16, PS- Tikapatti, Dist- Purnea ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Law Deptt., Bihar, Patna 2. The District General of Police old Secretariat, Patna Bihar 3. The Superintendent of Police, Distt.- Purnea Bihar 4. The Dy. Superintendent of Police, Dhamdaha, Distt.- Purnea Bihar 5. The In-Charge (SHO), Tikapatti P.S., Distt.- Purnea Bihar 6. Nitish Kumar S/o Shree Dipnarayan Mandal R/o vill-Arajpur, P.S. - Chausa, distt.- Madhepura 7. Kajal Kumar W/o Nitish Kumar R/o vill - Arajpur, P.S.- Chausa, Distt.- Madhepura, Present Address of Kajal Kumari, D/o Shree Rudal Mandal, Purani Nandgola, P.S. - Tikapatti, Distt.- Purnea ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivnandan Sah, Advocate For the Respondent/s : Mr. G.A.8 For the Respondent No.7: Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 08-07-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent no.7. 2. This application has been filed for seeking following reliefs: i. For direction to the respondent authority to provide protection the petitioner with family and their property as threatening being given by the informant to kill him Patna High Court CR. WJC No.1502 of 2025(2) dt.08-07-2025 2/2 (Petitioner) with family. ii. For setting aside/quashing first information report P.S. Tikapatti case no. 62 of 2025 dated 26.04.2025 informant is already marriaged, marriage dated 12.3.2025 with namely Nitish Kumar son with of Dipnarayan Mandal, village Arajpur P.S. Chousa, District- Madhepura but wrongly F.I.R. was instituted immediately in connection with P.S. case no. 62/25 u/s 64, 126(2), 115(2), 352, 351(2) (3) (5) B.N.S and 4/6 POCSO Act without considering the facts and circumstances of the case. 3. It is a case in which the petitioner is accused of committing rape i.e. establishing physical relationship with the victim, who was minor on the date of occurrence. 4. From reading of the F.I.R., I am of the prima facie view that the offences are made out against the petitioner. 5. In these circumstances, this application is dismissed with a liberty to the petitioner to raise all the grounds at an appropriate stage, if charge-sheet is submitted. anand/- (Sandeep Kumar, J) U T