← Library
Patna High CourtCR. MISC./45666/2023allowed

Nitesh Kumar Patel @ Nitish Kumar Patel v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45666 of 2023 Arising Out of PS. Case No.-216 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== NITESH KUMAR PATEL @ NITISH KUMAR PATEL Son of Bhulan Patel Resident of Village - Dumariya Ghat, P.S.- Dumariya Ghat, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Patel For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Let the defect(s) as pointed out of the office is ignored. Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 376 and 511 of the Indian Penal Code. As per allegation in the FIR, informant works as maid in the house of Munni Devi. In her absence, two accused persons came to her house for whom, informant went to kitchen for preparing tea. In the meantime, accused persons entered into the kitchen and tried to outrage her modesty. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.45666 of 2023(3) dt.25-08-2023 2/2 has submitted that petitioner is innocent and has committed no offence. There is no allegation of commission of rape or sexual abuse against the petitioner. After prevailing good sense, the matter has been compromised between the parties, which is mentioned in the impugned order. Petitioner has got no criminal antecedent and languishing in judicial custody since 13.5.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Kanti P.S. Case No. 216 of 2023.

(Sunil Kumar Panwar, J) sushma/- U