Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19334 of 2012 ====================================================== Rajnish Kumar Singh S/O Late Nakul Prasad Singh R/O Vill+P.O.- Biratpur, P.S.-Sonbarsa, Distt-Saharsa. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 30-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Sonbarsa P.S. Case No. 07 of 2012 dated 22.01.2012 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that though he is named in the First Information Report and the offence alleged is kidnapping of a minor girl but the same is not true since the parties were known to each other. It is further submitted that the occurrence alleged is of 19.01.2012 but the First Information Report has been filed only on 22.01.2012. It is stated that the petitioner is in custody since 29.01.2012 though he was arrested on 25.01.2012. Learned counsel submits that even in the statement under Section 164 of the Code of Criminal Procedure, 1973 the so called victim girl has not stated anything with regard to her being Patna High Court Cr.Misc. No.19334 of 2012 (2) dt.30-05-2012 2 abused in any way. In fact, it has been stated that she was taken to various places. Learned counsel submits that there is no explanation in such statement as to what the so called victim girl did in order to free herself from the clutches of the petitioner and two others as has been alleged. Learned counsel submits that even if it is taken to be true that the petitioner was involved in taking away the girl, at best, from the facts and circumstances of the case, it is a case of love affairs. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner was one of the persons who was caught along with the girl and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Sonbarsa P.S. Case No. 07 of 2012. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.