Nitesh Kumar @ Nitesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25618 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -TARIYANI CHAPRA PS District- SHEOHAR ======================================================

1. Nitesh Kumar @ Nitesh Rai, S/o Late Mahesh Rai @ Mahesh Rah, Resident of Village- Vishambar, P.S.- Tariyani Chhapra, District- Shivhar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 The petitioner is apprehending his arrest in connection with Tariyani Chhapra P.S. Case No. 03/2018, registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping minor daughter of the informant.

It has been submitted on behalf of the petitioner that the girl has returned and her statement under Section 164 Cr.P.C. has been recorded, in which she has stated that she went with the petitioner out of her own sweet will and she has disclosed her age as nineteen years and the court has also assessed her age as eighteen years.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the

Patna High Court Cr.Misc. No.25618 of 2018 (3) dt.22-06-2018 2/2 event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Shivhar in connection with Tariyani Chhapra P.S. Case No. 03/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T