Nitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26425 of 2020 Arising Out of PS. Case No.-182 Year-2016 Thana- RAJAON District- Banka ====================================================== NITESH KUMAR Son of Kapildeo Harijan Resident of Village- Kifayatpur, P.S.- Rajoun, District- Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad, Adv.
For the Opposite Party/s :
Mrs. Mina Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366(A), 34 of the Indian Penal Code.
Allegation upon the petitioner is of kidnapping the minor grand daughter of informant for the purpose of marriage. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. He submits that occurrence took place on 10.06.2016 but FIR was lodged on 12.06.2016 without explaining the delay. He submits that victim in her statement under Section 164 Cr.P.C. has not said any incriminating about the petitioner but she in her statement named one Bambam Yadav. He further submits that
Patna High Court CR. MISC. No.26425 of 2020(3) dt.02-12-2020 2/2 petitioner is languishing in judicial custody since 13.01.2020. I have perused the record including the case diary. The case diary indicates that victim is pregnant during her stay at Delhi but the victim has not specifically named the petitioner in her statement under Section164 Cr.P.C. but vide para-100 of the case diary, victim was recovered from the house of the petitioner.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Rajoun P.S. Case No. 182 of 2016 pending before the court of the learned Chief Judicial Magistrate, Banka.
Accordingly, the application is dismissed.
(Anjani Kumar Sharan, J) devendra/- U T