Nitesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74848 of 2022 Arising Out of PS. Case No.-1018 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Nitesh Pandit Son Of Dinanath Pandit Resident Of Village - Siswa West Ward No.- 3, P.S.- Banjariya, District - East Champaran At Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Turkauliya (Banjanya) P.S. Case No. 1018 of 2022 lodged under Sections 363, 366A of the I.P.C. latter added 376(3) of the I.P.C. and Section 8 of the POCSO Act.

As per the prosecution case, the allegation of kidnapping, rape as well as violation of Section 8 of the POCSO Act is there in the F.I.R.

Learned counsel for the petitioner submits that the victim was in love with the petitioner and entered into marriage

Patna High Court CR. MISC. No.74848 of 2022(2) dt.25-03-2023 2/2 and presently the victim is pregnant from the petitioner. Counsel submits that petitioner is ready to keep the victim as his wife. Learned counsel for the State opposes the prayer for bail and submits that it is a unique situation where a teacher has kidnapped the victim, who is a minor.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ashishsingh/- U T