Nitish Kumar @ Gagan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49679 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -RAHIKA District- MADHUBANI ======================================================

1. Nitish Kumar @ Gagan s/o sri Shatrughan Jha R/o vill.- Phent,P.S.- Basopatti,Distt. Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for anticipatory bail for the offences under Sections 363, 366(A), 120(B), 34 of the Indian Penal Code.

It has been submitted by the learned counsel for the petitioner that the allegation has been made against the petitioner on the statement of the victim recorded under Section 164 Cr.P.C. which does not appear to be true.

Heard learned A.P.P. appearing for the State. In view of the statement recorded under Section 164 Cr.P.C. in which the victim has made allegation against the petitioner, I am not inclined to grant anticipatory bail to the

Patna High Court Cr.Misc. No.49679 of 2016 (2) dt.19-12-2016 2/2 petitioner who is an accused in connection with Rahika P.S.Case No. 66 of 2016,pending in the Court of learned A.C.J.M.-1, Madhubani, and it is rejected.

Let petitioner surrender in the court below and pray for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Vinod Kumar Sinha, J) singh/- U T