Patna High CourtCR. MISC./21244/2022bail granted

Nitish Kumar @ Nitish Ram v. The State Of Bihar

2022-07-20Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21244 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- SALIMPUR District- Patna ====================================================== NITISH KUMAR @ NITISH RAM Son of Late Ram Pravesh Ram Resident of Village - Rupas Mahaji, P.S.- Salimpur, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Binod Kumar no.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code. As per allegation, informant's daughter aged about 14 years suddenly disappeared from the informant's house on 19.12.2021 and thereafter present petitioner messaged through whatsapp and revealed that he had kidnapped his daughter and married her.

The main submissions advanced by the learned counsel for the petitioner are that as per FIR admittedly, informant got information that his minor daughter went missing on 19.12.2021 but FIR was lodged on 17.1.2022 which caste serious doubt on the

Patna High Court CR. MISC. No.21244 of 2022(2) dt.20-07-2022 2/2 prosecution's allegation and further so-called victim has been recovered and she recorded her statement before the Judicial Magistrate in which she completely denied the allegation of prosecution.

Learned APP has opposed the prayer for bail.

In view of the above submissions and considering victim's statement recorded by the Judicial Magistrate which completely demolished the prosecution allegation, accordingly, this Court is inclined to grant bail to the petitioner. Let the petitioner 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 Sri K.P. Arya, Judicial Magistrate, Ist Class, Barh, District Patna in Salimpur P.S Case No. 07 of 2022.

(Shailendra Singh, J) s.hassan/- U T