Nitish Bharti @ Nitish Kumar Bharti @ Nitish Bhartiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7611 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== Nitish Bharti @ Nitish Kumar Bharti @ Nitish Bhartiya S/O Ashok Prasad Bharati @ Ashok Bharti @ Ashok Prasad Bharati R/O Village- Musahari Kansi, P.S- Simri, Dist..- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-02-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Simri P.S Case No. 50 of 2023 dated 06.04.2023 registered for the offence punishable u/s 363, 366A, 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and coaccused person are alleged to have kidnapped the minor daughter of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The victim has stated in her statement recorded under section 164 of

Patna High Court CR. MISC. No.7611 of 2024(2) dt.26-02-2024 2/2 Cr. p.c that the petitioner did nothing bad against her. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. No specific allegation has been attributed against the petitioner. It is further submitted that the victim was not forced to have illicit intercourse with another person. The allegation against the petitioners is general and omnibus.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Simri P.S Case No. 50 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) jyoti/- U T