Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11536 of 2023 Arising Out of PS. Case No.-397 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Nitish Kumar Son Of Rajesh Kumar @ Rajesh Mahto @ Rajesh Kumar Mahto Resident Of Village - Alampur, P.S.- Bibhutipur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 366(A) and 34 of the Indian Penal Code.

Petitioner along with other accused persons are said to have kidnapped the daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.11536 of 2023(2) dt.26-04-2023 2/2 bail and submits that the petitioner is the main accused in the present case. He further submits that the victim girl is still traceless.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bibhutipur P.S. Case No. 397 of 2021.

(Anjani Kumar Sharan, J) devendra/- U T