Nitish Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45011 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- ANDHRATHARHI District- Madhubani ====================================================== NITISH KUMAR ROY Son of Raghubeer Ray Resident of Village - Marukiya, P.S.- Andhratharhi, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Adv.

For the Opposite Party/s :

Mr. Binod Kumar no.III, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366 of the Indian Penal Code.

As per the prosecution case, the minor sister of the informant was kidnapped by the petitioner for the purpose of marriage.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The sister of the informant returned and her statement was recorded under section 164 Cr.P.C. wherein she has not supported the prosecution case. She has categorically stated that she went out on her own volition and married the petitioner. The petitioner is

Patna High Court CR. MISC. No.45011 of 2021(3) dt.25-02-2022 2/2 in custody since 5.12.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the statement of the victim under section 164 Cr.P.C., the petitioner being in custody for 1 year and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.100 of 2021 (Andhratharhi P.S. Case no.91 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Jhanjharpur, District Madhubani.

(Partha Sarthy, J) Saurabh/- U T