Patna High CourtCR. MISC./27784/2023bail granted

Nitish Kumar @ Lallu v. The State Of Bihar

2023-05-19Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27784 of 2023 Arising Out of PS. Case No.-539 Year-2022 Thana- BEUR District- Patna ====================================================== NITISH KUMAR @ LALLU SON OF SANJAY KUMAR VILLAGE AND POST- DHELWA PS -RAMKRISHNA NAGAR, DIST PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nisha Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 363, 366A, 368 and 376 of the Indian Penal Code and Section 4/6 of the POCSO Act, registered in connection with Beur P.S.Case No. 539 of 2022.

The learned counsel for the petitioner has submitted that the allegation against the petitioner is of kidnapping the minor daughter of the informant and also there is allegation of committing rape upon her. But as a matter of fact, there was love and affection between the petitioner and the daughter of the informant and she has solemnized marriage with the petitioner.

Patna High Court CR. MISC. No.27784 of 2023(2) dt.19-05-2023 2/2 Out of wedlock of her husband, she is expecting. These are recitals of her statement recorded under Sections 164 of the Cr.P.C. The petitioner is not having criminal antecedent of similar nature and is in custody since 07.01.2023. Considering the above facts and circumstances, 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 learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Patna in connection with Beur P.S.Case No. 539 of 2022, subject to the following condition:- "The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court."

(Nawneet Kumar Pandey, J) HR/- U T