Nitish Rai @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11745 of 2024 Arising Out of PS. Case No.-391 Year-2022 Thana- SARAI District- Vaishali ====================================================== Nitish Rai @ Nitish Kumar S/O VIJAY RAI R/O VILLAGEMANSOORPUR, PS.- SARAI, DIST.- VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sarai Police Station No. 391 of 2022 registered on 03.12.2022 under Sections 363, 365/34 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against the present petitioner and others against whom there is an allegation that they have kidnapped the daughter of the informant with a view to marry.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 03.11.2023 having no criminal case pending against him. He further submits that the alleged victim has been recovered and she has narrated her statement under Section 164

Patna High Court CR. MISC. No.11745 of 2024(3) dt.03-04-2024 2/2 of the Cr.P.C.

5. Learned counsel for the State opposes the prayer for bail and submits that in her statement under Section 164 of Cr.P.C., she has supported the allegation against the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected.

7. However, petitioner is at liberty to renew his prayer for bail nine months after framing of charge. Sunnykr/- (Dr. Anshuman, J) U