Nitish Yadav @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72402 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- ALIPUR District- Gaya ====================================================== Nitish Yadav @ Nitish Kumar Son Of Uday Yadav Vill-Bandhubigha PsSakurbad Dist-Jehanabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Indu Shekhar Dwivedi For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

As per the allegation in the F.I.R., informant's daughter went to market. In the meantime, co-accused Subodh Yadav abducted her. Allegation against the petitioner and other co-accused persons is that they were also involved in the alleged offence.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.72402 of 2023(3) dt.31-01-2024 2/3 petitioner that the petitioner is innocent and being the brother of co-accused Subodh Yadav, he has falsely been implicated in the present case. Victim has not whispered about the complicity of petitioner in her abduction, in her statement, recorded under Section 164 of Cr.P.C. She has stated that she went to Tekari bus stand without informing anyone and she called Subodh Yadav. She went to Mumbai with him, with her own sweet. After spending 3-4 days, they went to Jharkhand. Moreover, the petitioner is languishing in judicial custody since18.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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

Patna High Court CR. MISC. No.72402 of 2023(3) dt.31-01-2024 3/3 bail in connection with Alipur P.S. Case No. 73 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Gaya.

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