Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32675 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Nitish Kumar @ Nitesh Kumar son of Ramadhin Paswan, resident of Village- Katari, Police Station- Neemchak Bathani, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Neem Chak Bathani P.S. Case No. 79 of 2017, registered for the offence punishable under Section 366A of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of minor daughter of the informant.

Submission of learned counsel for the petitioner is that by the Medical Board age of the girl was assessed as major i.e., 17 to 18 years and except the fact that she has stated about involvement of the petitioner she has not stated anything about kidnapping and rape against the petitioner.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.32675 of 2018 (2) dt.28-06-2018 2/2 In view of the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected. However, petitioner may surrender before the court below and pray for regular bail who shall consider the same and pass speaking order on its own merit without being prejudiced by this order.

With the aforesaid observation this application is dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U