Nitish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.5430 of 2017 (5) dt.18-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5430 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -GOVINDPUR District- NAWADA ======================================================

1. Nitish Kumar Son of Sadhu Singh @ Sadhu Yadav, Resident of VillageAshapur, P.S. Uphara, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 25.10.2016 in connection with Govindpur P.S. Case No. 86 of 2016 registered under Sections 366-A of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, has falsely been implicated in this case. In fact, the petitioner has not been named in the F.I.R. and nothing has been alleged against the petitioner. As per the statement of the victim recorded under Section 164 Cr.P.C., no specific overt act is attributed against the petitioner rather the main allegation is against Jyoti Kumar and Priya Kumari, who are said to be friend of the victim. The petitioner is rotting in custody for the last five months. Considering the nature of accusation, let the petitioner,

Patna High Court Cr.Misc. No.5430 of 2017 (5) dt.18-04-2017 above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in connection with Govindpur P.S. Case No. 86 of 2016. (Arvind Srivastava, J.) Brajesh/- U T