Nitesh Kumar @ Nitesh Paswan @ Nitesh Kr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27801 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== NITESH KUMAR @ NITESH PASWAN @ NITESH KR. Son of Mangal Paswan Resident of village-Awapur, Police Station-Pupri, District-Sitamarhi ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Smiti Bharti, Advocate For the Opposite Party/s :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Chapra Rail P.S. Case No.275 of 2022, lodged on 07.12.2022 under Sections 363 and 366A of the Indian Penal Code.
3. As per the prosecution case, the informant has made allegation against two named accused persons including the petitioner that they have kidnapped his wife when they were moving on the train.
4. Learned counsel for the petitioner submits that from the contents of the FIR it is transpired that the wife of the informant is majour. He further submits that there was love affair between the petitioner and the alleged victim and with consent they both were eloped but subsequently recovered. It is
Patna High Court CR. MISC. No.27801 of 2023(2) dt.07-06-2023 2/2 further submitted that it is not a case of kidnapping. He further submits that the antecedent of the petitioner is clean and he is in custody since 26.12.2022.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI Exclusive Special Judge (POCS Act), Saran at Chapra in connection with Chapra Rail P.S. Case No. 275 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J) Ashwini/- U