Nilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1959 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== Nilesh Singh, son of Subol Singh, resident of village-Makarpur(Tarar), P.S. Sonhaulla, District-Bhagalpur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Respondent/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2019 Heard both sides.

The petitioner apprehends his arrest in Sanhoulla P.S. Case No.71 of 2018 registered under Sections 366A and 34 of the Indian Penal Code. Later on, Sections 363, 376 and other Section of I.P.C. and Section 4 of POCSO Act have been added. The informant alleged that Pappu Singh kidnapped his minor daughter with the help of Purushottam Singh. Petitioner is not named in the F.I.R.

The learned counsel for the petitioner submits that during the course of investigation, the victim was recovered and she made her statement under Section 164 Cr.P.C. The victim disclosed that Pappu Singh forcibly solemnised marriage with her. The petitioner(Nilesh Singh) and Ravi Kumar were accompanying him. The victim made allegation of kidnapping

Patna High Court Cr.Misc. No.1959 of 2019(2) dt.15-01-2019 2/2 and establishing physical relation against Pappu Singh. Ravi Kumar has already been granted anticipatory bail vide order dated 09.08.2018 passed in Cr. Misc. No.45266 of 2018. The case of the petitioner stands exactly on the same footing as that of Ravi Kumar.

Learned A.P.P. did not dispute this fact.

Considering the fact that on same and similar allegation, Ravi Kumar has been granted anticipatory bail and the victim did not allege any overt act against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sanhoulla P.S. Case No.71 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T