Patna High CourtCR. MISC./54305/2016bail granted

Nitin Kumar v. The State Of Bihar

2017-02-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54305 of 2016 Arising Out of PS.Case No. -138 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Nitin Kumar, S/o Mithlesh Kumar Srivastava @ Umesh Kumar, R/o Village Shahpur, P.S.- Chanpur, District- Palamu (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2017 Heard both sides.

The petitioner seeks bail in Aurangabad (Town) P.S. Case No. 138/2016, registered for the offences punishable under Sections 363, 368 and 372 of the Indian Penal Code. The informant alleged that his niece had gone to purchase some articles, but she did not return. The informant came to know that Anil Kumar Singh kidnapped his niece on a motorcycle bearing registration no. BR-26G-8460. The informant further named the petitioner and others and alleged that they helped Anil Kumar Singh in kidnapping the girl. Learned counsel for the petitioner submits that there is absolutely no evidence against the petitioner. The girl Nikki

Patna High Court Cr.Misc. No.54305 of 2016 (3) dt.27-02-2017 2/2 Kumari was recovered from Delhi and she disclosed the name of Sabita Devi and others. Anil Kumar Singh was also recovered from there. Similarly situated co-accused namely, Sabita Devi, Barhu, Rahul Kumar and Mukesh Kumar have already been granted bail by different benches of this court. The victim made her statement under Section 164 Cr. P.C., but she did not name the petitioner. Learned A.P.P. did not dispute this fact. Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 138/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T