Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85487 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== NITISH KUMAR Son of Lalo Singh Resident of Village - Ratwara, P.S.- Alamnagar (Ratwara), District- Madhepura.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Yadav, Advocate.

For the State :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with POCSO Case No.31 of 2019, arising out of Alamnagar (Ratwara O.P.) P.S. Case No.86 of 2019, registered under Sections 363 and 366(A) of the Indian Penal Code besides Section 04 of the POCSO Act.

The accusation is of enticing away the minor daughter of the informant by this petitioner with the help of his one associate boarding on the motorcycle.

Learned counsel appearing on behalf of the petitioner submits that the petitioner and the informant are covillagers. Later on, the daughter of the informant was recovered

Patna High Court CR. MISC. No.85487 of 2019(2) dt.17-01-2020 2/2 and her statement under Section 164 of the Code of Criminal was recorded in which she has stated about her kidnapping by two unknown and she has not disclosed the name of the petitioner. The petitioner is in custody since 08.04.2019 and, on investigation, the police has already submitted the charge-sheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 1st Additional Sessions Judge-cum-Special Judge, Madhepura, in connection with POCSO Case No.31 of 2019, arising out of Alamnagar (Ratwara) P.S. Case No.86 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T