Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35495 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -KAKO District- JEHANABAD ======================================================

1. Nitish Kumar Son of Dinesh Yadav R/Villlage- Satan Pur,P.S,. Kako, Dist Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : None For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-09-2016 Heard.

The petitioner apprehends his arrest in Kako P.S. Case No. 189 of 2015 registered under Sections 366(A)/34 of the Indian Penal Code.

According to the F.I.R., 16 years old daughter of the informant was allegedly kidnapped/abducted by the petitioner who was on visiting terms to the family of the informant. The victim girl, on retrieval, was produced for her statement under Section 164 Cr.P.C.

Mr. Dayal, APP read out the statement made by her which is present at Annexure-3. It appears the girl was assessed minor. She has specifically alleged that she was induced by the petitioner to leave her home and accompany him. The petitioner enclosed an affidavit to show that the girl actually married him.

Patna High Court Cr.Misc. No.35495 of 2016 (2) dt.19-09-2016 2/2 Considering the fact that according to the prosecution, she was a minor and she has alleged against the petitioner in the statement made under section 164 Cr.P.C., I am not inclined to extend him privilege of anticipatory bail. Prayer is accordingly rejected.

(Kishore Kumar Mandal, J) Pankaj/- U T