Nitesh Kumar @ Nilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13055 of 2025 Arising Out of PS. Case No.-12 Year-2024 Thana- Patour District- Darbhanga ====================================================== Nitesh Kumar @ Nilesh Kumar S/O Ram Sagar Yadav Resident of VillageMurliganj, Ward No.15,- Police Station- Baheri, District- Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Pator P.S. Case No. 12 of 2024 dated 17.04.2024, instituted for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code.
3. The prosecution case, in brief, is that on 14.04.2024 at about 11:00 am, the daughter of informant went with sisterin-law of informant to purchase bangles. It is further alleged that about 03:00 pm, sister-in-law of the informant return alone, upon asking, she did not reply rather gets angry upon informant. It is further stated by the informant that she has suspicion that Malthi Devi (sister-in-law of informant) had kidnapped her daughter for some ulterior purpose.
Patna High Court CR. MISC. No.13055 of 2025(2) dt.02-04-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is not named in the F.I.R. During the course of investigation, the petitioner has been made accused in this case. Learned counsel further submitted that the victim girl herself appeared before the concerned police station and disclosed before I.O. that she got married with the petitioner as both were in love relationship for about 2 1⁄2 years. It is stated that statement of the daughter of the informant was recorded under Section 183 of the B.N.S.S.
, 2023 in which she has clearly stated that she was in love relationship with the petitioner and she disclosed that same to her parents, who were not ready for the marriage, so four months ago without informing anybody both of them went to Kusheshwar Asthan temple and solemnized marriage and thereafter they went to Delhi and stayed for four months. Later on, the informant also accepted the marriage and filed a compromise petition dated 21.10.2024. It is also submitted that victim girl is a pregnant lady. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.13055 of 2025(2) dt.02-04-2025 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Pator P.S. Case No. 12 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T