Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1732 of 2024 Arising Out of PS. Case No.-656 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== Niraj Kumar Son Of Umesh Ravidas Resident Of Village- Kataridih, PsKatarisarai, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 365, 366(A)/34 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

It is a case of commission of kidnapping of the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence. For the alleged occurrence of

Patna High Court CR. MISC. No.1732 of 2024(2) dt.24-01-2024 2/3 21.12.2022, the F.I.R was registered on 27.12.2022 without explaining the delay. There is no specific allegation against the petitioner. The victim in her 164 Cr.P.C statement has not alleged anything against the petitioner and stated that co-accused Mithun Kumar has committed rape upon her. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 07.08.2023 passed in Cr. Misc. No. 32655 of 2023. The petitioner is languishing in custody since 10.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.1732 of 2024(2) dt.24-01-2024 3/3 each to the satisfaction of learned Additional District & Sessions Judge-VII-cum-Special Judge, POCSO, Nalanda at Biharsharif in connection with Giriyak(Katrisarai) P.S. Case No. 656 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T