Nandan Kumar Rastogi @ Nandan Rastogi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79851 of 2019 Arising Out of PS. Case No.-222 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== NANDAN KUMAR RASTOGI @ NANDAN RASTOGI Son of Ravishankar Restogi Resident of Village and P.S.- Majorganj, District- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Shamimul Hoda For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bhagwanpur Hatt PS case no. 222 of 2018 registered for the offences punishable under Section 366(A)/34 of Indian Penal Code.

The allegation is regarding the petitioner having kidnapped the victim girl.

The learned counsel for the petitioner has submitted that a bare perusal of the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate, would show that she had voluntarily gone with the petitioner herein, however there is no allegation of committing any un-toward incident or abusing the victim girl sexually, as far

Patna High Court CR. MISC. No.79851 of 2019(2) dt.05-12-2019 2/2 as the petitioner is concerned. The petitioner is said to having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st class, Siwan in connection with Bhagwanpur Hatt PS case no. 222 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T