Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31468 of 2024 Arising Out of PS. Case No.-225 Year-2022 Thana- DANIYAWAN District- Patna ====================================================== Nitish Kumar son of Late Vasudev Prasad Village W.No-12, Sarthua Milk PsShahjahanpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Narayan Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 366/34 of the Indian Penal Code .

3 . As per prosecution case , on the alleged date and time of occurrence , daughter of informant went to market to purchase some articles but she did not return and during search informant came to know that this petitioner including other co-accused persons kidnapped

Patna High Court CR. MISC. No.31468 of 2024(4) dt.04-10-2024 2/3 the daughter of informant.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence . Informant has raised only suspicion against this petitioner and no one seen this petitioner kidnapping the victim. Police after investigation submitted final form. It is further submitted that as a matter of fact, when daughter of informant went missing , then informant's son-in-law gave an application in Baranagar Police Station in Distt- North Chobispargana West Bengal and for the same incident informant lodged F.I.R., in Bihar after one month only with a view to extort money from petitioner, this false and concocted case has been lodged against him. Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the prayer for bail and submits that petitioner is named in the F.I.R., and there is specific allegation against the petitioner that he along with other co-accused persons kidnapped the victim and victim is still traceless.

6. Considering the nature of accusation and

Patna High Court CR. MISC. No.31468 of 2024(4) dt.04-10-2024 3/3 gravity of offence , prayer for pre-arrest bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Koushik/- U T