Patna High CourtCR. MISC./53061/2023dismissed

Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

2023-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53061 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== Nitesh Kumar @ Nitish Kumar S/O Sri Ram Kumar Ray R/O Village- Hasan Sarai, P.S- Baligaon, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur, Adv.

Mr. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 376, 467, 468, 504, 506/34 of the Indian Penal Code and Section 67, 67(A) of the Information Technology Act.

3. Petitioner is said to have committed rape with the informant and made video and photo of the rape from his mobile.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no obscene photograph has been prepared by the petitioner which is evident from his mobile phone. He submits that the petitioner has never established physical

Patna High Court CR. MISC. No.53061 of 2023(2) dt.31-08-2023 2/2 relation with the informant nor he prepared any video. He submits that the informant is an adult lady and she is studding in a college. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Mahila P.S. Case No. 14 of 2023.

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