Patna High CourtCR. MISC./24600/2016bail granted

Nitish Kumar v. The State Of Bihar

2016-06-02Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24600 of 2016 Arising Out of PS.Case No. -190 Year- 2015 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Nitish Kumar son of Ram Nandan Prasad, resident of Village Nanand, P.S. Silao, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Sanjay Kr.Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2.

02-06-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

The petitioner apprehends his arrest in relation to Giriyak P.S. Case No. 190 of 2015 arising out of Complaint Case No. 951C/2015 registered under Sections 376, 504, 506, 504, 34 of the Indian Penal Code. Learned counsel for the petitioner draws attention of this court to the allegation in the First Information Report itself which shows that the petitioner had taken money from the father of the complainant to finance his studies so that after graduating he would marry his daughter. In the meantime, he sexually used the daughter, the complainant, as well for over five years, but

Patna High Court Cr.Misc. No.24600 of 2016 (2) dt.02-06-2016 2 / 2 after petitioner graduated, as engineer, he now refused to marry with the complainant.

Learned counsel for the informant submits that he stand by the allegation thus admitting that there was intimacy between the parties for over five years. Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the petitioner, namely, Nitish Kumar, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Giriyak P.S. Case No. 190 of 2015, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajeev/- U T