Patna High CourtCR. MISC./44303/2024bail granted

Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

2024-09-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44303 of 2024 Arising Out of PS. Case No.-523 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Nitish Kumar @ Nitesh Kumar son of Nandlal Bhagat Village- Salona PsBarauli Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363 and 366 A of the Indian Penal Code .

3 . As per the prosecution case , on 13.12.2023 while the minor daughter of informant went to relieve herself but did not return and after search informant came to know that this petitioner has kidnapped his minor daughter.

4. Learned counsel for the petitioner submits that he has falsely been implicated in this case only on the basis of suspicion . The victim in her statement recorded under Section 164 Cr. P C has denied the prosecution case and stated that she on her own will left her home and went to chhapra and there

Patna High Court CR. MISC. No.44303 of 2024(3) dt.04-09-2024 2/2 she met with this petitioner and solemnized marriage with him in a temple on 15.12.2023 . The medical board has assessed the age of the victim between 18 to 19 years. Petitioner claims clean antecedent.

5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the statement of the victim recorded under Section 164 Cr. P C , clean antecedent of petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned VIth Additional Sessions Judge Gopalganj Bihar in connection with Barauli P.S. case No. 523 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T