Nitish Rai @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71120 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- MANER District- Patna ====================================================== Nitish Rai @ Nitish Kumar Son Of Vijay Rai R/O Vill - Bayapur, P.S. - Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the State :

Mr. Shailendra Kumar, APP For the Informant :

Mr. Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 366A, 494 and 498A of the Indian Penal Code, registered in connection with Maner P.S. Case No. 20 of 2023.

3. As per prosecution case, the petitioner used to come for work near the house of the informant during which he told the informant that he likes her and gave his mobile number. It is further alleged that the petitioner solemnized marriage with the informant and after some days the informant came to know that the petitioner has already married to someone and she any how live with him. On direction of petitioner's father-in-law, the

Patna High Court CR. MISC. No.71120 of 2023(6) dt.25-07-2024 2/3 petitioner and other co-accused have started assault her and also ousted from the house.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. He submitted that the victim filed an application before the Court below stating therein that compromise has been taken place between the parties and she has also solemnized marriage with another person. Petitioner is a person of clean antecedent and he is in custody since 22.01.2023.

5. Learned counsel for the informant fairly admits the fact of petitioner's counsel that compromise has been taken place between the parties.

6. Learned APP for the State has opposed the prayer of bail.

7. Considering the above facts and circumstances of the case as well as period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII-cum-Special Judge(POCSO), Patna in connection with Maner P.S. Case No. 20 of 2023, subject to the condition that the petitioner shall co-

Patna High Court CR. MISC. No.71120 of 2023(6) dt.25-07-2024 3/3 operate in the disposal of trial and make himself available as and when required by the Court with a further condition that:- (i) Petitioner shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(Nawneet Kumar Pandey, J) Arish/- U T