Nitish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38499 of 2018 (2) dt.29-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38499 of 2018 Arising Out of PS.Case No. -156 Year- 2018 Thana -KATIHAR District- KATIHAR ====================================================== Nitish Kumar, son of Binod Mahto, resident of Village Khaprahi, PS Kadir Ganj, District Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-06-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 5.4.2018, seeks bail in Katihar Town PS Case No. 156 of 2018 registered under Sections 366A/34 of the IPC.

The allegation in brief is that the petitioner enticed away thirteen years minor daughter of the informant for the purpose of marriage.

Learned Counsel for the petitioner submits tht the girl is 18 years of age and both have married.

Whereas learned Counsel for the State submits that the girl has supported the case of prosecution in her statement and has stated her age 13 years, the medical Board also found her age in between 124 - 16 years and evidence of rape and the girl has also stated in her statement that rape was committed upon her. Having considered the said facts and circumstances, the prayer for bail of the petitioner is rejected. (Arun Kumar, J) Snkumar/- U T