Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66733 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== NITESH KUMAR S/o Hirdev Ram Resident of Village- Rampur Jarang, P.S.- Vaishali (Belsar O.P.), District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 363 / 366(A) of the Indian Penal Code. It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. and he has falsely been implicated in this case only on suspicion. Petitioner claims clean antecedent and he is in custody since 08.09.2021.

However, learned A.P.P. for the State opposed the bail petition and submitted that victim girl in her statement recorded under Section 164 Cr.P.C. has specifically stated that this petitioner alongwith two other co-accused persons forcibly kidnapped her and tried to sexually assault.

In view of statement of the victim girl recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the

Patna High Court CR. MISC. No.66733 of 2021(3) dt.18-04-2022 2/2 petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T