Nikhil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2543 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Nikhil Kumar Son Of Nagina Soni Resident Of Village - Fatehpur, Ward No.- 18 (PANCHVEER), Police Station - Sahebpur Kamal, District - Begusarai, Under The Guardianship Of His Uncle Namely Lalan Kumar, Aged About 57 Years, Son Of Rampravesh Sah, Resident Of Village - Salauna, Ward No. 07, Police Station - Bakhri, District - Begusarai ... ... Appellant/s
Versus
1.
The State Of Bihar 2.
Mandini Kumari @ Mandini Sah D/O Sanjeet Sah R/O Panchveer, Ward No.-9, P.S- Sahebpur Kamal, Distt.- Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Shashank Shekhar, Advocate For the Respondent/s :
Mr.Mukeshwar Dayal, APP For the Informant :
Mr.Gajendra Kumar Jha, Advocate Mrs.Sonali, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 19-04-2025 In connection with Sahebpur Kamal P.S. Case No. 237 of 2023, the appellant was arrested on 19th of September, 2023 for committing an offence under Sections 376 and other penal provisions of the IPC on 12th of September, 2023. He is under the control of the protection home since 19th of September, 2023. Indisputably, the appellant is a minor.
2. It is submitted by the learned Advocate for the petitioner that there was an allegation of cohabitation by the appellant upon a minor girl on promise of marriage. Since the appellant is a minor, he cannot give promise of marriage to
Patna High Court CR. APP (SJ) No.2543 of 2024(6) dt.19-04-2025 2/2 another minor girl.
3. The learned Advocate on behalf of the informant submits that the case before the Juvenile Justice Board is at the stage of trial and considerable number of witnesses have been examined. It is expected that the trial of the case will conclude soon.
4. Considering all such background and the heinous nature of offence, I am not inclined to release the appellant on bail.
5. Prayer for bail is, thus, rejected.
6. The instant appeal is accordingly dismissed. (Bibek Chaudhuri, J) uttam/- U