Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67025 of 2018 Arising Out of PS. Case No.-239 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== Nitish Kumar Son of Sheodayal Singh Resident of Village-Kaira,Near Sheikhpura,P.S. Goh,Distt.-Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey For the Opposite Party/s :

Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Daudnagar P.S. Case No. 239 of 2018 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the daughter of the Informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. The girl has returned and in her statement recorded under section 164 of the Cr.P.C has stated that she had gone on her own volition without informing her parents. She has not alleged of committing rape upon her by petitioner. Petitioner has got no criminal antecedent and is in custody since 14.08.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.67025 of 2018(2) dt.27-11-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No. 239 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U