Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11462 of 2021 Arising Out of PS. Case No.-216 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== NITISH KUMAR Son of Raghunandan Chaudhary Resident of VillageNizampura, P.S.- Asthawan, Distt- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Asthawan P.S. Case No. 216/2019 instituted for the offences under Sections 363 and 366/34 of the Indian Penal Code.

The accusation in the First Information Report is that the daughter of the informant was abducted by one Pawan Kumar and his associates for the purposes of marriage.

The learned counsel for the petitioner has submitted that the victim girl has been recovered. The

Patna High Court CR. MISC. No.11462 of 2021(2) dt.22-12-2021 2/3 petitioner has not been named in the F.I.R. Even in the statement under Section 161 Cr.P.C., the victim has not named the petitioner. However, later the name of the petitioner transpires in a negative way in the statement of the girl under Section 164 Cr.P.C. It has also been submitted that the victim was associated with aforesaid Pawan Kumar and they have married each other. But the parents of the girl did not like the aforesaid association and, therefore, pressure was exerted on her to point accusing finger towards all the associates of aforesaid Pawan Kumar. According to the learned counsel for the petitioner, the matter has been resolved at the instance of local persons. Now the victim is staying with aforesaid Pawan Kumar as his legally wedded wife.

For the aforesaid facts argued on behalf of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.11462 of 2021(2) dt.22-12-2021 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Asthawan P.S. Case No. 216/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T