Nitesh Ram @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39276 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -DARIYAPUR District- SARAN ====================================================== Nitesh Ram @ Nitesh Kumar, son of Kameshwar Ram, resident of VillageBela, P.S.- Dariyapur, District- Saran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Dariyapur P.S. Case No. 138 of 2017 registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of kidnapping of minor girl of the informant. Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case as title suit is going on between the parties and a proceeding under Section 107 Cr.P.C. is also going on. Further submission is that the girl in her statement under Section 164 Cr.P.C. she has named this petitioner due to pressure of her parents as there was love affairs between the petitioner and the victim girl and the girl is major. Further submission is that petitioner is in custody for more than three months.

Patna High Court Cr.Misc. No.39276 of 2017 (3) dt.08-09-2017 2/2 Heard learned APP also.

Having heard both sides and in view of facts and circumstances, let 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 the Additional Chief Judicial Magistrate-IV, Saran at Chapra, in connection with Dariyapur P.S. Case No. 138 of 2017, subject to the following conditions :- (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 in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U