Patna High CourtCR. MISC./47977/2017bail granted

Nitesh Kumar v. The State Of Bihar

2017-11-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47977 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -KORMA District- SEKHPURA ====================================================== Nitesh Kumar, son of Niranjan Kumar @ Niranjan Chand, R/o VillageBhikna, O.P.- Akbarpur, P.S.- Rupauli, District- Purnia. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Korma P.S. Case No. 45 of 2017, registered for the offences punishable under Sections 366 of the Indian Penal Code and 8 of POCSO Act. Allegation against the petitioner is of kidnapping the daughter of the informant.

Submission of learned counsel for the petitioner is that statement under Section 164 Cr.P.C. has been recorded in which the victim girl has stated about taking away of her by the petitioner but she has made no other allegation against the petitioner and it appears that she was consenting party, aged about 19 years, which will appear from the impugned order itself and he is in custody since 29.7.2017, having no criminal antecedent. Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.47977 of 2017 (3) dt.08-11-2017 2/2 bail on the ground that the girl was minor.

Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be released 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 Additional District Judge, Shekhpura, in connection with Korma P.S.Case No. 45 of 2017, subject to the conditions as follows :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U