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Patna High CourtCR. MISC./1661/2025bail granted

Nitish Kumar @ Manoranjan @ Bablu @ Nitish Kumar Manoranjan v. The State Of Bihar

2025-04-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1661 of 2025 Arising Out of PS. Case No.-302 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Nitish Kumar @ Manoranjan @ Bablu @ Nitish Kumar Manoranjan S/O Ravikant Singh @ Chhavikant Yadav @ Ravikant Yadav R/O VillageChamandi, P.S- Kurtha, District- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. X S/O Y R/O Village- Chamandi, P.S- Kurtha, District- Arwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hastina Pratap, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kurtha P.S. Case no.302 of 2023 registered under sections 363, 365, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his 17 year old daughter who had gone out did not return. On enquiry, it subsequently transpired that the petitioner and one another accused on a motorcycle and two other accused on another motorcycle had kidnapped her with the intent to sell her. She was not to be found inspite of search.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter

Patna High Court CR. MISC. No.1661 of 2025(5) dt.11-04-2025 2/2 of the informant returned and her statement was recorded under section 164 of the Cr.P.C. wherein she has stated her age to be 171⁄2 years and has further stated that she went with the petitioner out of her own volition and has married him. She further states that she was not kidnapped. The petitioner is in custody since 4.10.2023 and undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the statement of 171⁄2 year old victim under section 164 of the Cr.P.C. together with the petitioner having remained in custody for over 1 year 5 months since 4.10.2023, the petitioner is directed to be enlarged on bail in connection with Kurtha P.S. Case no.302 of 2023, 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 Additional Sessions Judge VI-cum-Special Judge (POCSO), Jehanabad.

(Partha Sarthy, J) avinash/- U T