Patna High CourtCR. MISC./68857/2024bail rejected

Nitesh Kumar @ Nitesh Paswan v. The State Of Bihar

2024-10-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68857 of 2024 Arising Out of PS. Case No.-367 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Nitesh Kumar @ Nitesh Paswan S/o- Surya Paswan @ Suraj Paswan Resident of village- Parsauna PS- Sangrampur District- East Champaran at Motihari ... ... Petitioner/s

Versus

The State of Bihar 2.

Rupesh Kumar Son of Kali Charan Ray Village- Sabalpur W.No-10, PsSangrampur Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar, Adv For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sangrampur P.S. Case No. 367 of 2023 lodged on 02.11.2023 under Section 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, F.I.R. has been lodged against four named accused persons excluding the present petitioner with an allegation that petitioner in connivance with each other had kidnapped the informant's sister.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.68857 of 2024(2) dt.01-10-2024 2/2 for the petitioner submits that petitioner is not named in the F.I.R. He further submits that victim girl has been recovered and in her statement made under Section 164 of the Cr.P.C. that she was in love with the petitioner and she has left her parental house with the petitioner and developed physical relation with him. He further submits the criminal antecedent of the petitioner is clean and the petitioner is in custody since 28.07.2024.

5. Learned APP for the State opposes the prayer for bail and submits that POCSO Act has been added in the case.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected with liberty to the petitioner that he may renew his prayer for bail one year after the date of taking cognizance.

(Dr. Anshuman, J) Sunnykr/- U