IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20685 of 2009 MAULI PASWAN @ CHANDRAMAULI PASWAN, S/O Sri Parsuram Paswan, R/O Keshopur, P.S. Telhara, District-Nalanda. ....Petitioner. Versus 1. The State of Bihar. 2. Seema Devi, D/O Late Dayanand Pandey, R/O Village-Keshopur, P.S. Telhara, District-Nalanda.......................Opposite Parties. ----------- 6. 23.11.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 366/34 of the Indian Penal Code. Notice has been issued to the opposite party no.2 i.e., the alleged victim but she has not cared to appear in this case. Taking into consideration the fact that the alleged victim is full grown adult and resided with the present petitioner for three months and then given incriminating statements against the petitioner which is not believable since the submission is that had she been forcibly kidnapped, she could not be confined for a period of three months and, therefore, the offence under Section 366 of the Indian Penal Code does not appear to be probable, let the petitioner above named, who is in custody since 10.01.2009, 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 Additional Chief Judicial Magistrate, Hilsa, District-Nalanda, in connection with Telhara P.S. Case No. 93 of 2008, subject to the conditions (i)that one of 2 the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, and (ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. U.K. (Anjana Prakash,J)