IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9127 of 2010 SHIV NATH MANDAL S/O SRI DEVENDRA MANDAL, R/O VILLAGE BARHAD P.S. HATHAURI, DISTRICT MUZAFFARPUR, Versus THE STATE OF BIHAR ----------- /3/ 02.12.2010 Heard Mr. Rakesh Kumar Verma, learned counsel for the petitioner and Smt. Indu Bala Pandey, Additional Public Prosecutor for the State. The petitioner, who is in custody in connection with Hathauri P.S. Case No. 10 of 2009, for the offences under Sections 366 (A)/376/34 of the Indian Penal Code has prayed for grant of bail. It was alleged that petitioner had kidnapped 13 years old daughter of the informant and she was kept in the house of the petitioner. Subsequently she was recovered by the informant from the house of the petitioner. It was alleged that during the kidnapping period the petitioner had also committed rape with the daughter of the informant. On that allegation the First Information was lodged against the petitioner and other. It was submitted by learned counsel for the petitioner that it was out and out false case and no occurrence has taken place. It was submitted that even during investigation the victim girl was examined by medical expert, however, no sign of rape was found. It was further submitted that after alleged recovery of the victim the informant has lodged the present case. Despite the fact that it was alleged that the girl was recovered from the possession of the petitioner she was not produced before the Magistrate for her examination under Section 164 of the Criminal Procedure Code. Only on the basis of statement of the victim recorded under Section 161 of the Criminal Procedure Code, the petitioner has been made accused. It was also submitted that subsequent to filing of the present case the victim girl was murdered by the informant and his family members. Thereafter on the basis of complaint filed by elder brother of the petitioner a First Information Report vide Hathauri P.S. Case No. 132/09 was registered, in which the informant of the present case and other persons have made accused. Smt. Indu Bala Pandey, Additional Public Prosecutor for the State, after examining the case diary does not dispute the fact that no sign of rape was found on the person of the victim girl. In view of the facts and circumstances, 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with Hathauri P.S. Case No. 10 of 2009 and G.R. No. 390 of 2009. Safik ( Rakesh Kumar, J.)