Nitish Kumar vs The State Of Bihar
2021 Latest Caselaw 1569 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31694 of 2020
  Arising Out of PS. Case No.-20 Year-2020 Thana- NAUTAN District- West Champaran
======================================================

Nitish Kumar, aged about 21 years, Male, Son of Ramakant Paswan Resident of Village - Sota Tola, Musahari, P.S.- Jagdishpur, District - West Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2021

Heard Mr. Bimlesh Kumar Pandey, learned counsel for

the petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Nautan (Jagdishpur) PS Case No. 20 of 2020 dated 18.01.2020,

instituted under Sections 336A/34 of the Indian Penal Code and

12 of the Protection of Children from Sexual Offences Act, 2012.

3. The allegation against the petitioner and others is of

abducting the minor daughter of the informant.

4. Learned counsel for the petitioner submitted that the

petitioner is innocent and has been falsely implicated. It was Patna High Court CR. MISC. No.31694 of 2020 dt.19-03-2021

submitted that the daughter of the informant, on her own free will,

had gone with the petitioner and they had married. Learned

counsel submitted that the so-called victim, within 9 days of the

FIR, her statement has been recorded before the Court under

Section 164 of the Code of Criminal Procedure, 1973, in which

she has stated that because of ill treatment at house and that she

was in love with the petitioner and had gone with him and married

him and wanted to live with him. Learned counsel submitted that

on 27.01.2020, there was also a medical examination done in

which no recent sign of sexual assault has been found or injury on

her body or private parts and with regard to the age, it has been

opined that it is between 19 to 20 years. Learned counsel

submitted that the petitioner also does not have any criminal

antecedent.

5. Learned APP, from the case diary, submitted that as

per the allegation, the minor daughter of the informant was

abducted. However, he did not controvert that the girl herself

before the Court has stated that she has gone with the petitioner

and has married him and wanted to live with him.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six Patna High Court CR. MISC. No.31694 of 2020 dt.19-03-2021

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Additional District and Session Judge 1 st, cum Special

Judge, West Champaran, Bettiah in Nautan (Jagdishpur) PS Case

No. 20 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T