Nikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15335 of 2024 Arising Out of PS. Case No.-78 Year-2019 Thana- DEV District- Aurangabad ====================================================== Nikesh Kumar S/o Arun Singh R/o VILLAGE - BASAWANPUR, P.S. - UPAHARA, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with Deo P.S. Case No.78/2019, registered for the offence punishable u/s 366 (A)/34 of the IPC.

3.

The prosecution case in short is that the F.I.R. named accused persons including the petitioner kidnapped the informant forcibly and administered some drink, due to which, she became unconscious and on gaining consciousness, she found herself in the maternal aunt house of the petitioner. The petitioner forced her to sign on marriage documents but anyhow she managed to fly away.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.15335 of 2024(3) dt.10-04-2024 2/2 as alleged in the FIR. No offence, in the manner, as alleged has ever been committed by the petitioner. He has been falsely implicated in this case due to enmity. The statement of the victim was recorded u/s 164 Cr.P.C., in which, she has not alleged that the petitioner ill-treated or misbehaved with the informant. Only allegation against him is that he forced the informant into marrying him. It is further submitted that after investigation, the police has filed chargesheet but there is no allegation against him to tamper with the witnesses. The petitioner has no criminal antecedent and has been languishing in custody since 06.01.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court, in connection with Deo P.S. Case No.78/2019.

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