Nikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28228 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -SHYAMPUR BHATHA District- SHEOHAR ====================================================== Nikesh Kumar Son of Nagendra Singh Resident of Village- Chainpur, P.S. Majorganj. District- Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 363 and 366A/34 of the Indian Penal Code. The victim has already been recovered and her statement under Section 164 of the Cr.P.C. has been recorded. In her statement, she stated that she was kidnapped by Raushan Kumar, Sujit Kumar, Birendra Singh and petitioner but it were coaccused Raushan Kumar and Sujit Kumar, who took her to Delhi and Raushan Kumar established physical relation with her. Submission on behalf of the petitioner is that there was love affairs between victim and Raushan Kumar and even if the statement of the victim assumed to be true, then also, except

Patna High Court Cr.Misc. No.28228 of 2016 (3) dt.27-09-2016 2/2 participation in so-called kidnapping, there is nothing against the petitioner, who is languishing in jail custody since 19.4.2016. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sheohar in connection with Shyampur Bhatha P.S. Case No.16 of 2016.

(Hemant Kumar Srivastava, J) N.H./- U T