Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61687 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- DANIYAWAN District- Patna ====================================================== NITISH KUMAR Son of Chandra Bhusan Prasad R/V- Sigariyanwa, P.SShahjehanpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363 and 365 of the Indian Penal Code.

3. As per prosecution case, some unknown person kidnapped the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and during investigation, victim recovered and her statement recorded u/s 161 before Investigating Officer, which is mentioned in para-20 of the case diary, wherein she stated that she fall in love with the petitioner and solemnized marriage in a

Patna High Court CR. MISC. No.61687 of 2022(3) dt.26-07-2023 2/2 temple, thereafter, her statement recorded u/s 164 of the Cr.P.C., in which she stated that one boy came and taken away her in his house, where he committed wrong with her. She further stated that she does not know him and again she stated that her mother told her name Nitish Kumar (petitioner). There is a major contradiction between the victim statements recorded u/s 161 and 164 of the Cr.P.C. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.02.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Daniyawan P.S. Case No. 06 of 2022.

(Sunil Kumar Panwar, J) arish/- U T