Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24204 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -KAKO District- JEHANABAD ====================================================== Nitish Kumar, son of Dinesh Yadav, resident of village Satanpur P.S. Kako, District Jehanabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kako P.S.Case No. 13 of 2017 registered for the offences punishable under Sections 364, 366 and 195A/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the victim girl.

It has been submitted on behalf of the petitioner that earlier in a case of kidnapping the victim girl has appeared and deposed that she has married the petitioner (Annexure-2) and thereafter the present case has been lodged against the petitioner. It has also been submitted that petitioner is ready to produce the victim girl in court for examination under Section 164 Cr.P.C. but police has not taken any step for her examination and petitioner is

Patna High Court Cr.Misc. No.24204 of 2017 (3) dt.10-07-2017 2/2 in custody since 10.2.2017.

Heard learned APP and learned counsel for the informant also. Learned counsel for informant has opposed the prayer for bail stating that the petitioner has not taken any step for production of the victim girl in court.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner produce the victim girl in court below itself, who will examine her and pass an appropriate order with regard to prayer for bail of the petitioner. It is made clear that neither the police nor the informant will create any obstruction in production of the victim girl in court.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U