Patna High CourtCR. MISC./12558/2024rejected

Nitish Kumar Singh @ Nitish Kumar v. The State Of Bihar

2024-02-22Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12558 of 2024 Arising Out of PS. Case No.-122 Year-2018 Thana- DAUDPUR District- Saran ====================================================== Nitish Kumar Singh @ Nitish Kumar Son Of Late Ramesh Singh R/OBelkunda, P.S.-JALALPUR, Distt.-SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avnish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-02-2024 Heard Mr. Avnish Kumar Singh, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Daudpur P.S. Case No. 122 of 2018, F.I.R. dated 05.07.2018 for the offences punishable under Sections 366 and 366A of the Indian Penal Code.

3. According to prosecution case, petitioner along with other co-accused person, namely, Prakash Kumar Singh enticed away the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the

Patna High Court CR. MISC. No.12558 of 2024(2) dt.22-02-2024 2/2 F.I.R.

5. The learned Additional Public Prosecutor, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submitted that from a bare perusal of the impugned order it appears that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has supported the case of the prosecution and in the medical examination it is found that sexual assault was committed against the victim.

6. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Daudpur P.S. Case No. 122 of 2018 pending in the court of Judicial Magistrate 1st Class, Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T