Nitish Kumar @ Nitish Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79467 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== NITISH KUMAR @ NITISH KUMAR MANDAL Son of Tuntun Mandal Resident of Village - Bathnaha, P.S.- Phulparas, Distt.- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending arrest in a case registered under Sections 363 & 366A of the Indian Penal Code. The prosecution case in short is that while the minor daughter of the informant went to take water at the Pump, the accused persons kidnapped her.

It has been submitted on behalf of the petitioners that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been recovered. Her statement u/S 164 of the Cr.P.C. was recorded in which she has not made allegation of sexual or physical assault against the petitioner.

On behalf of the State, it is submitted that the petitioner is

Patna High Court CR. MISC. No.79467 of 2019(2) dt.04-12-2019 2/2 named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 41 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T