IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28258 of 2010 KANHAIYA SINGH Versus THE STATE OF BIHAR ----------- 3 28.10.2010. Heard learned counsel for the petitioner, the State and the informant. The petitioner has been made accused in a case under sections 363 and 366A of the I.P.C. on the allegation that he along with others kidnapped daughter of co-brother of informant aged about 13 years. The victim in her 164 Cr.P.C. statement stated that when she went to shop for buying a copy, the petitioner came to her and told that his mother has called for. Thereafter, she was taken to his mother who gave her Prasad to eat. One Saurabh was also present in the house. When she ate Prasad, she became unconscious and found herself in Patna lodge on regaining senses. Saurabh threatened her to kill if she makes hulla. She stated that Saurabh applied force and ill behaved. Mr. Kanhaiya Pd. Singh, learned Sr. Advocate appearing for the petitioner submits that mother of petitioner who offered the victim intoxicated Prasad has already been allowed anticipatory bail vide order contained in annexure 2. Petitioner is in custody since 13.5.2010. He further submits that it is surprising that the victim remained outside for 10-12 days but she never raised any hulla against her abduction. 2 The informant submits that mother of petitioner offered the victim intoxicant, whereafter she was kidnapped by all to Gwalior. Having regard to the fact, that main allegation is against Saurav, let the petitioner as above be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town Police Station Case No. 231 of 2010. Petitioner would not absent physically for more than two consecutive dates at a stretch, till three witnesses are examined in trial, otherwise his bail bond would be cancelled and he would be taken into custody. Shashi. (Samarendra Pratap Singh, J.)