Nitish Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55938 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -AUANGARI District- NALANDA (BIHARSHARIFF) ======================================================
1. Nitish Kumar, S/o Srikant @ Chhotaki, R/o Vill.- Baruna, P.S.- Fatwa, District- Patna.
2. Rajesh Kumar S/o Kapil Prasad, R/o Vill.- Jafarabad, P.S.- Fatuha, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek regular bail in connection with Aungari (Pir Bigha) P.S. Case No.09 of 2017 registered for the offences punishable under Sections 363, 365/34 of the Indian Penal Code.
The allegation is that Dharmendra Yadav, the son-inlaw of the informant, took away his brother-in-law to his home on the pretext of attending the marriage of his sister and there it is alleged that he was forcibly married.
It is submitted that there is no allegation against the petitioners of taking away the son of the informant. The
Patna High Court Cr.Misc. No.55938 of 2018 (2) dt.28-09-2018 2/2 petitioners are distant relatives of informant having no criminal antecedent and they are in custody since 25.06.2018. The other accused persons, namely, Yadunandan Prasad and Sanjay Prasad have been allowed bail by different benches of this court in Cr.Misc.No.30624 of 2018 and Cr.Misc.No.55603 of 2018 respectively. The case of these petitioners stands on similar footing and so they deserve bail.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of the learned A.C.J.M., Hilsa, Nalanda in connection with Aungari (Pir Bigha) P.S. Case No.09 of 2017. (Sanjay Kumar, J) Harish/- U