IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56833 of 2007 BIJAY RAI Versus STATE OF BIHAR ----------- 6. 23.07.08. Heard learned counsels for the petitioner and Mr. Mukesh Kumar Singh appearing on behalf of Opposite Party No.2 as well as the State. The petitioner apprehends his arrest in connection with Sessions Trial No. 327/2005 arising out of Garkha P.S. Case No. 127/2002, registered under Section 366 and 366 A of the Indian Penal Code. It is submitted on behalf of the petitioner that the present case was lodged by the Chaukidar about disappearance of Opposite Party No.2 . Yogendra Prasad Yadav, father of O.P.No.2 who was informed by three persons that they had seen his daughter going along with the petitioner and two others namely; Sanoj Rai and Sanjay Rai. The police after investigation, submitted charge sheet against Sanoj Rai. It is further submitted on behalf of the petitioner that in the court below Opposite Party No.2 Kiran Devi @ Soni has stated that she is a major girl and she married with Sanoj Rai as per her own sweet will and they have a child with the said wedlock. However, during the trial the petitioner was also made an accused in terms of provision under 319 of the Code of Criminal Procedure. Learned counsel for the petitioner further submits that as a matter of fact, the petitioner has been dragged and falsely implicated - 2 - in this case basically on account of a criminal case was lodged against the father of Opposite Party No.2 on 13th February, 2002, as per F.I.R. containing in Annexure-3. Considering the above submissions and materials brought on the record, it is directed that in the event of arrest or surrender within a four weeks from today, the petitioner, namely; Bijay Rai shall 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 Ist Additional Sessions Judge, Saran at Chapra in connection with Sessions Trial No. 327/2005 pending before the learned Ist Additional Sessions Judge, Saran, arising out of Garkha P.S. Case No. 127/2002, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. M. Pal. ( Shailesh Kumar Sinha, J.)