Patna High CourtCR. MISC./63914/2022allowed

Nitish Kumar v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63914 of 2022 Arising Out of PS. Case No.-473 Year-2022 Thana- RAMKRISHNANAGAR District- Patna ====================================================== NITISH KUMAR S/o Anil Kumar R/o Village- Daulatpur, P.S.- Fatuha, DisttPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv. with Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in a case registered for offences punishable under Sections 342, 376, 506 and 34 of the Indian Penal Code, 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act and 4 and 6 of the Protection of Children from Sexual Offenses Act, 2012.

It is a case of Immoral Traffic (Prevention) Act and Protection of Children from Sexual Offenses Act, 2012. It is submitted by the learned counsel for the petitioner that the victim in her statement recorded under Section 164 of the Criminal Procedure Code stated that no one forced her to make physical relation. She on her own sweet will

Patna High Court CR. MISC. No.63914 of 2022(3) dt.28-02-2023 2/2 lieued in the field and no one committed wrong without her consent. The petitioner is in custody since 06.09.2022. The learned Additional Public Prosecutor for the State vehemently opposed the prayer for bail.

Considering the aforesaid submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Ramkrishna Nagar P.S. Case No. 473 of 2022 to the satisfaction of the Additional Sessions Judge VI-cum-Special Judge, POCSO Act, Patna. (Sunil Kumar Panwar, J) Shamshad & Alok Kr.

Verma/- U T