Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23921 of 2015 Arising Out of PS.Case No. -246 Year- 2014 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Nishant Kumar son of Sri Lalan Singh resident of Village - Cheya, P.S. - Atari, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 363, 365 and 366A of the Indian Penal Code and later on, Section 376 of the Indian Penal Code is added. Allegation against the petitioner is that he enticed away daughter of the informant.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 9.1.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. The victim Sonali Raj in para-6 of the case diary has stated that her mother reached on 7.1.2015 at Delhi at her work place and thereafter she returned with her to Patna, whereas in para-56 the investigating officer has mentioned that he arrested the petitioner with the victim at Bypass near Khemnichak village at Patna. From perusal of the medical report it would appear that the doctor has not found any sign of rape upon the victim.

Patna High Court Cr.Misc. No.23921 of 2015 (3) dt.10-11-2015 2 / 2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO), Patna , in connection with Ram Krishna Nagar P.S. Case no. 246 of 2014.

(Sudhir Singh, J) sudip/- U T