Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 24353 of 2016 Arising out of P.S. Case No. -534 Year- 2015 Thana -BARH District- PATNA =================================================== Nitish Kumar S/o Chandra Sekhar Yadav Resident of VillageKajichak Barh, P.O. & P.S. Barh, District Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar, Adv. For the Opposite Party/s: Mr. S.N. Shukla (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04.

11.08.2016 Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is languishing in custody since 05.02.2016 in connection with Barh P.S. Case No. 534 of 2015 pending in the Court of Additional Chief Judicial Magistrate, Barh, Patna for the offences registered under Sections 363, 365 and 506/34 of the Indian Penal Code. The prosecution case, in brief, is that on 21.12.2015, while the Informant, Kiran Devi was going to leave the School to her minor daughter, Komal Kumari aged about twelve years, in the way, the petitioner along with two unknown persons abducted her daughter on a motor cycle by gagging her mouth after which they threatened to kill her entire family.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.24353 of 2016 (4) dt.11-08-2016 that the petitioner is in custody since 05.02.2016. Charge-sheet has been submitted in the case. The petitioner has no criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. The victim girl has been recovered. She has stated in her statement recorded under Section 164 Cr.P.C. that she had gone with the petitioner. There was no physical abuse upon her and subsequently she had returned home.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the Petitioner, above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 534 of 2015.

Vikash/- (Sudhir Singh, J.) U T