Nikku Kumar @ Nipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61756 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Nikku Kumar @ Nipu Kumar Son of Ravi Mahto @ Jamadar Mahto VillageMalkauli Pathkauli Police station- Bairiya District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pushpa Devi Wife of Suraj Kumar Village- Malkauli Pathkauli Police station- Bairiya District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai, Advocate For the State :

Mr.Jharkhandi Upadhyay, APP For the Informant :

Mr. Aditya Kumar Pandey, Advocate Mr. Brajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Bairiya P.S. Case No. 128 of 2024 registered for the offence punishable under Sections 376AB of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

3. As per the prosecution case, the petitioner is said to have touched the private part of a six year old child.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute between the parties. The petitioner is in jail since 15.04.2024.

Patna High Court CR. MISC. No.61756 of 2024(3) dt.20-11-2024 2/2

5. Learned counsel for the petitioner submits that the petitioner and the child are close relative and there is false implication.

6. Considering the aforesaid facts, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application stands dismissed. (Sandeep Kumar, J) P. Kumar U T