Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33028 of 2023 Arising Out of PS. Case No.-138 Year-2021 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== NITISH KUMAR son of Late Upendra Singh Village- Rishi Paharpur PsMednichauki Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

As per allegation in the FIR, it is a case of abduction of niece, aged about 15 years, of the informant by the petitioner. On getting information, when the informant asked about the matter to petitioner's mother, she started to abuse and insult the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It appears from the statement of the victim girl recorded u/s 161 Cr.P.C. as well as 164 Cr.P.c. that there was

Patna High Court CR. MISC. No.33028 of 2023(2) dt.14-07-2023 2/2 love affair between the petitioner and the niece of the informant followed by marriage. Victim was in apprehension of being sol out by her aunty. She has not raised any finger against the petitioner for any offence. Mother of the petitioner, has already been enlarged on bail by another coordinate Bench of this Court vide order dated 6.9.2022 passed in Cr. Misc. No. 11037 of 2022. Petitioner is languishing in judicial custody since long. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM, Lakhisarai in connection with Medanichauki P.S. Case No. 138 of 2021.

(Sunil Kumar Panwar, J) sushma/- U