Nandan Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54746 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- RAJIVNAGAR District- Patna ====================================================== Nandan Kumar Pandit S/o Deena Nath Pandit resident of Village Amnour, P.S. Amnour, Dist - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kumari For the Opposite Party/s :
Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2018 The petitioner seeks regular bail in connection with Rajiv Nagar P.S. Case No. 47/2018, registered for offences punishable under Sections 363/366(A) of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.
It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and there was love affair between the girl and the petitioner and further the statement of girl recorded under Section 164 Cr.P.C. shows that she is consenting party and except the allegation that she spent time and moved with the petitioner here and there, there is no further allegation of any overt act. It has also been submitted that petitioner has no criminal antecedent and has been in
Patna High Court Cr.Misc. No.54746 of 2018(3) dt.05-11-2018 2/2 judicial custody since 18.02.2018.
Heard learned A.P.P. also.
Having heard both sides, no doubt, petitioner is named in the F.I.R. but considering the fact that petitioner has no criminal antecedent and there is also no allegation of commission of any overt act with the girl, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -I, Patna, in connection with Rajiv Nagar P.S. Case No. 47/2018, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunilkumar/- U T