Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81872 of 2024 Arising Out of PS. Case No.-441 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Nitish Kumar, Son of Late Chandrika Prasad, Resident of Village- Mahadpur Balwapur Barah, P.O.- Sirsi Dihra, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari, Wife of Nitish Kumar, D/O of Sudhir Yadav, Resident of VillDumri, P.S.- Rajgir, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitee Ranjan, Advocate For the State :

Mr. Anant Kumar 1, APP For the Respondent No.2 :

Mr. Ankit Kumar, Advocate Mr. Kumar Abhishek, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Respondent No.2.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 319(2), 318(4), 303(2), 61(2), 85, 90, 3(5), 352 and 351(3) of the BNS, 2023.

3. The case of the prosecution is that the informant was married to the petitioner on 28.05.2023. It is further alleged that she was subjected to cruelty on account of non-fulfillment of dowry demand. It is also alleged that while the informant got pregnant, she was beaten badly due to which miscarriage took place.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.81872 of 2024(5) dt.11-02-2025 2/2 police has filed charge-sheet under Section 85 of the BNSS and has found the story of miscarriage not true. Learned counsel further submits that he is ready to keep his wife with full dignity. The petitioner is having no criminal antecedent and he is in jail since 25.08.2024.

5. Learned counsel for opposite party no.2 has stated that there has been cruelty with the informant and the petitioner is not ready to keep his wife.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail with a condition that the petitioner shall make every effort to keep his wife with full dignity. The above named petitioner is directed to be released on bail in connection with Rahui P.S. Case No. 441 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biharsharif, Nalanda.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T