Allowed

Nitesh Kumar @ Bihari v. The State Of Bihar

Patna HC28 Jan 2014CR. MISC./793/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, a juvenile accused of kidnapping and subsequent forced marriage, considering the informant's inconsistent statement and the prosecution's intent to focus on other accused.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate.

Nitesh Kumar @ Bihari Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.793 of 2014

¶3

====================================================== Nitesh Kumar @ Bihari son of Naresh Prasad Kushwaha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 28-01-2014 Petitioner is languishing in custody since 30.09.2013 in a case registered for the offences punishable under Sections 366A/34 of the I.P.C.

¶4

Accusation is of kidnapping the minor daughter of the informant. The victim in her 164 Cr.P.C. statement though got her age recorded as 16 and half years and learned Court below has assessed as such, where she stated that this petitioner and Arpan Kumar initially kidnapped her but thereafter the victim went in the company of Arpan Kumar to Jehanabad where forceful physical relationship was established and Arpan Kumar forced her to marry.

¶5

It is submitted by learned counsel for the petitioner that thrust of accusation is against Arpan Kumar and his family members where the informant has retracted from the initial version and has filed a petition to that effect before learned Court below.

¶6

Learned counsel for the informant submits that though the compromise petition was filed before learned Court below but at present the informant is opposing the bail

¶7

Patna High Court Cr.Misc. No.793 of 2014 (2) dt.28-01-2014

¶8

2/2

¶9

application of the petitioner.

¶10

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

¶11

Considering the inconsistent stand of the informant, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 161 of 2013.

¶12

(Dinesh Kumar Singh, J)

¶13

Shageer/-

Nitesh Kumar @ Bihari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Nitesh Kumar @ Bihari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kallu Kumar Vs The State Of Bihar

Rahmat @ Md. Rahmat @ Md. Rahmat Quraishi Vs The State Of Bihar

Pappu Kumar Vs The State Of Bihar

Fuleshwar Paswan Vs The State Of Bihar

Prabhu Prasad Vs The State Of Bihar

Satya Manu Kumar Singh Vs The State Of Bihar