Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82818 of 2024 Arising Out of PS. Case No.-397 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== Nitish Kumar Son of Satish Kumar @ Dr. Sushil Kumar @ Dr.Sunil kumar Resident of Village- Barah Pathar, P.S. -Dehri (T), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 366(A) of the Indian Penal Code.

3. The case of the prosecution is that the minor daughter of the informant has gone to attend class in the institute regarding Kaushal Vikash Yojana and when she did not return for a considerable time, she was being searched. The informant came to know that his daughter has been kidnapped by the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.82818 of 2024(3) dt.04-03-2025 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. During course of investigation, the victim has given her statement recorded under Sections 180 and 183 of the BNSS as well. In her statement, she has stated that she was born in the year 2004, but in her Aadhar Card, her age is entered as 2007. It is further stated that she wanted to marry the petitioner but her family members were not ready for relation. She was knowing the petitioner for six years. When the father of the victim started searching about relation, she went to Delhi with Nitish Kumar and she has solemnized marriage with Nitish Kumar in a temple. She has categorically stated that Nitish Kumar (the petitioner) has not kidnapped her. It is further submitted that the petitioner is languishing in judicial custody since 26.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

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. The above named petitioner is directed to be released on bail in connection with Dehri (Town) P.S. Case No. 397 of 2024 on furnishing bail

Patna High Court CR. MISC. No.82818 of 2024(3) dt.04-03-2025 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri (Rohtas).

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