Allowed

Nitish Kumar @ Nithish Kumar v. The State Of Bihar

Patna HC2 Apr 2014CR. MISC./45005/2013

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner charged under Section 366(A) IPC for enticing away a minor. The court noted the victim's statement regarding her voluntary association and age discrepancy, ordering release on a bond of Rs. 10,000 with two sureties.

What did the court decide?

The petitioner is directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Nitish Kumar @ Nithish Kumar Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.45005 of 2013

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===================================================== Nitish Kumar @ Nithish Kumar, son of Kamlesh Paswan, resident of village-Sawasin, P.S. Tekari, District-Gaya. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------------
4 02-04-2014 Heard learned counsel for the petitioner and the learned
A.P.P. for the State.

=====================================================
Nitish Kumar @ Nithish Kumar, son of Kamlesh Paswan, resident of
village-Sawasin, P.S. Tekari, District-Gaya.
.... .... Petitioner.
Versus
The State of Bihar
.... .... Opposite Party.
=====================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
----------------

4
02-04-2014
Heard learned counsel for the petitioner and the learned

A.P.P. for the State.

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The petitioner seeks bail in connection with Tekari P.S. Case No.298 of 2013 registered under Section 366(A) of the Indian Penal Code.

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The accusation is of enticing away Rinki Kumari aged about 16 years, the sister of the informant, Mukesh Paswan, by the petitioner with an intention to perform the marriage with her.

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Learned counsel appearing on behalf of the petitioner submits that, in fact, the victim fell in love with the petitioner and moved with him at her own sweet will and went to Ludhiana and on return, after 13 days, the petitioner alongwith the victim was arrested at the Gaya Railway Station. Thereafter, the statement of the victim under Section 164 of the Code of Criminal Procedure was recorded on 27.8.2013 in which she has stated about moving

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Patna High Court Cr.Misc. No.45005 of 2013 (4) dt.02-04-2014 2/2

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with the petitioner due to fear but it is very surprising that during 13 days when she was with the petitioner, she did not make any complaint to anyone in the way. It is further submitted that the victim has also stated in her statement that her mother tried to perform her marriage with the petitioner but the mother of the petitioner was not ready. As such, Due to that reason, this false case has been lodged. It is further submitted that while in the F.I.R. the age of the victim has been given as 16 years but the doctor, who examined the victim medically, assessed her age as 19 years. The petitioner having no criminal antecedent is in custody since 25.8.2013.

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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 Chief Judicial Magistrate, Gaya, in connection with Tekari P.S. Case No.298 of 2013.

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(Rajendra Kumar Mishra, J)

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P.S./-

Nitish Kumar @ Nithish Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Kumar @ Nithish Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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