Nitish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55502 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Nitish Kumar Yadav son of Sri Murari Yadav resident of village - Telia Dih, P.S. Jhajha, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Mishra For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2017 Heard both sides.

The petitioner apprehends his arrest in Jhajha P.S. case No. 22 of 2017 for the offences punishable under Section 366A/34 of the Indian Penal Code.

The father of the victim alleged that his minor daughter was going to ease out but Jitendra Yadav kidnapped his minor daughter. Nitish Yadav, the petitioner, is alleged to have helped in kidnapping of the victim.

The learned counsel for the petitioner submits that victim is a major girl and married woman. The victim has already been recovered and she made her statement under Section 164 of the Cr. P. C. The doctor has also assessed the age of victim about 18 years but it appears that the victim has made very specific

Patna High Court Cr.Misc. No.55502 of 2017 (2) dt.12-12-2017 2/2 allegation against the petitioner that while she was going to attend the call of nature the petitioner and Jitendra Yadav kidnapped her and she was made unconscious. The accused persons left her at a lonely place.

Considering the facts aforesaid and the fact that the victim also supported the factum of her kidnapping, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T