Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49620 of 2022 Arising Out of PS. Case No.-145 Year-2022 Thana- KONCH District- Gaya ====================================================== Nitish Kumar S/O Naresh Paswan Resident Of Village- Mananpur @ Madanpur, P.S.- Konch, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Mishra S/O Balki Mistry Resident Of Village- Mananpur (Madanpur), P.S.- Konch, District- Gaya.

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mrs. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Konch P.S. Case No. 145 of 2022 registered under Section 366(A) of the Indian Penal Code.

It is case of commission of abduction of the informant's daughter.

Learned counsel for the petitioner submits that he is innocent and has committed no offence. He has falsely been implicated in this present case due to village politics. It is further submitted that he has got no criminal antecedent.

Patna High Court CR. MISC. No.49620 of 2022(3) dt.11-01-2023 2/2 Petitioner is not named in FIR, his name came into light during investigation. It is further stated that when victim recovered, she stated in her statement recorded under Section 164 of Cr.P.C. that she went to Delhi by train with the petitioner and did not whisper about the petitioner that he committed any wrong with her. Petitioner is languishing in judicial custody since 26.05.2022.

The application for bail is vehemently opposed by learned APP for the State and submitted that at the time of occurrence, the victim is minor.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Konch P.S. Case No. 145 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Gaya.

(Sunil Kumar Panwar, J) shubham/- U T