IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35665 of 2010 MD.FIROZ Versus THE STATE OF BIHAR ----------- 02/ 16.11.2010 At the very outset, learned counsel for the petitioner makes prayer to correct prayer portion. Prayer is accorded. Accordingly, learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the criminal miscellaneous case. Heard learned counsel for the petitioner as well as learned P.P. for the State. Allegedly, informant’s daughter was kidnapped by co- accused Md. Chand. Subsequently, informant’s daughter was recovered and her statement under section 164 Cr. P.C was recorded. Though informant’s daughter stated in her statement recorded under section 164 of the Cr.P.C that she was kidnapped by petitioner as well as other co-accused person but when above stated Md Chand was put on trial in Sessions Trial no. 449 of 2008 before the learned Addl. Sessions Judge cum FTC No. 5, Muzaffaprur, the aforesaid victim girl was examined as PW6 and she did not support the prosecution case rather stated that she has solemnized her marriage with co-accused Md. Chand. Considering the aforesaid circumstances as well as submissions of the parties, petitioner (Md. Firoz), in the event of his arrest/ surrender within 30 days from the date of communication of the order, be released on bail in connection with Kathaiya P.S. Case no. 40 of 2007 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial 2 Magistrate, Muzaffarpur subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J)