Patna High CourtCR. MISC./55968/2023dismissed

Nityanand Kumar @ Vikku Kumar v. The State Of Bihar

2023-09-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55968 of 2023 Arising Out of PS. Case No.-396 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Nityanand Kumar @ Vikku Kumar Son Of Kailash Singh Village- Panapur Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Tarun Prasad Mandal :

Mr. Aakash ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 365 and 366(A) of the Indian Penal Code and Section 8 of the POCSO Act pending in the learned court below.

3. As per the prosecution case, 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 further submits that only on suspicion the petitioner has been made accused in the present case. He submits that there is no specific overt act against the petitioner. He further submits that there is land dispute between the parties. He

Patna High Court CR. MISC. No.55968 of 2023(2) dt.14-09-2023 2/2 submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State along with learned counsel for the informant vehemently opposing the bail application and submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she had supported the prosecution case. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Harsidhi P.S. Case No. 396/2023. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T