Patna High CourtCR. MISC./76957/2018allowed

Nishant Kumar v. The State Of Bihar

2018-12-21Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76957 of 2018 Arising Out of PS. Case No.-366 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Nishant Kumar, S/o Sri Akhilesh Singh, Resident of Mohalla- Laki Colony Bakhtiyar Pur, District- Patna, at present resident of Village-Chanda, P.S.- Athmalgola, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 366 of 2018 (Spl. Case No. 6520 of 2018) for the offence under Sections 294, 342, 372, 373, 376/34 of the Indian Penal Code, Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016 and Sections 3 (2) (AB), 4, 6, and 7 of Immoral Traffic Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. Learned counsel for the petitioner with reference to statement of the alleged victim recorded under Section 164 of the Cr.P.C. submits that the allegation against this petitioner of any sexual harassment, assault or rape is unfounded and baseless.

Patna High Court Cr.Misc. No.76957 of 2018(2) dt.21-12-2018 2/2 Considering the statement of the victim under Section 164 of the Cr.P.C., the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise) Patna in connection with Bakhtiyarpur P.S. Case No. 366 of 2018 (Spl. Case No. 6520 of 2018) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U T