Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4461 of 2025 Arising Out of PS. Case No.-71 Year-2023 Thana- MAHILA P.S. District- Samastipur ====================================================== Nitish Kumar S/o- Anil Yadav @ Havaru Yadav Resident of village and PSBithan District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshansh Shanker, Advocate For the State :

Ms.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Samastipur Mahila P.S. Case No. 71 of 2023 registered for the offence punishable under Sections 376-D, 341, 342 and 504/34 of the Indian Penal Code.

3. The petitioner and another person gang raped the victim. The petitioner is in jail since 07.08.2023. In the trial, five witnesses have been examined.

4. In view of the law laid down by the Hon'ble Supreme Court in the case of X vs. State of Rajasthan & Anr. reported in 2024 SCC Online SC 3539, this application is dismissed.

5. The Superintendent of Police, Samastipur will

Patna High Court CR. MISC. No.4461 of 2025(2) dt.05-02-2025 2/2 provide all protection to the victim and the mother of the victim for deposing in the case as it appears that for some reason they are not appearing in the Court.

6. Let a copy of this order be communicated to the Superintendent of Police, Samastipur forthwith through FAX or email for its compliance.

(Sandeep Kumar, J) P. Kumar U T