Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64527 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- PHENHARA District- East Champaran ====================================================== Nitesh Kumar Son of Rambalak Rai Resident of Village - Gaubandhi, P.S.- Fenhara, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kishori Mehto D/O Late Jagdev Mehto R/O Villafe- Gaubandhi, P.S.- Fenhara, Dist- East Champaran, Motihari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Y. Madhavi, Adv Mr. Vijaya Laxmi Srivastawa, Adv For the State :

Mr. Narendra Kumar Singh, APP For the Informant :

Mr. Kundan Rathore, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A, 34 of the Indian Penal Code and Section 8 of the POCSO Act. 3.

As per the FIR, petitioner and other co-accused persons went to the house of the informant and kidnapped his minor granddaughter with an intention to marry her. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that the statement of victim was recorded u/s 164 of Cr.PC in which she has not supported the prosecution case.

Patna High Court CR. MISC. No.64527 of 2024(3) dt.21-11-2024 2/2 Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant vehemently opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Fenhara P.S. Case No.51 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T