Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78705 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== NITESH KUMAR Son of Ajay Singh @ Ajay Kumar Singh, Resident of Village - Arap, P.S.- Bikram, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking bail in connection with Patna Mahila P.S. Case No.41 of 2019 registered for offence punishable under sections 376, 420/34 of the Indian Penal Code.

As per the statement recorded under section 164 Cr.PC., the petitioner and the informant developed friendship with each other and later on, a proposal for marriage was made which was agreed by the petitioner, but they took decision that they will go for marriage with the consent of their parents, and accordingly, father of the informant had gone with the proposal of marriage whereupon the father of the petitioner demanded dowry which the father of the informant was agreeable, but in

Patna High Court CR. MISC. No.78705 of 2019(2) dt.04-12-2019 2/2 the meantime, allegation has been made against the petitioner to have established sexual relationship with the informant twice. It also appears that she had gone to Hazaribagh and where she stayed with the petitioner.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Patna in connection with Patna Mahila P.S. Case No.41 of 2019, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T