Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10955 of 2020 Arising Out of PS. Case No.-99 Year-2019 Thana- PUNPUN District- Patna ====================================================== NITISH YADAV Son of Suresh Rai Resident of Village- Habibpur, P.S.- Punpun, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-06-2020 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Punpun P.S. Case No. 99 of 2019 registered for the offence punishable under sections 363 and 366(A) of the Indian Penal Code. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. The victim is major. Petitioner has no criminal antecedent and is in custody since 05.04.2019. Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused in the first information report. The girl has been found to be minor. Morever, the victim girl in her statement

Patna High Court CR. MISC. No.10955 of 2020(3) dt.05-06-2020 2/2 under section 164 Cr.P.C. has supported the prosecution case. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T