Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45699 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== Nitish Kumar Son Of Nawal Kishor Mandal @ Naval Kishore Mandal Resident Of Village- Tirasi Ps- Rupauli District Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366A, 34 of the Indian Penal Code.
3. Petitioner is said to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the statement of the victim girl has been recorded under Section 164 Cr.P.C. in which she stated that she left the house without informing the parents and went to Katihar with the petitioner. He submits that the petitioner has been made accused in this case only on the basis of suspicion. He further submits that petitioner has no criminal antecedent as
Patna High Court CR. MISC. No.45699 of 2023(2) dt.19-09-2023 2/2 stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhawanipur (Akbarpur) P.S. Case No. 40 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T