IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19621 of 2010 SANTOSH KUMAR Versus STATE OF BIHAR ----------- 03/ 14.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case arising from Mahua P.S. Case No. 125 of 2010 for offences punishable under Sections 363 and 366(A) of the Indian Penal Code. The petitioner has been charged with causing the kidnapping of the victim girl Shilpa Nidhi, the daughter of the informant. Learned counsel for the petitioner, with reference to the order passed by the court below, submits that one of the reasons attributed for rejecting the prayer of the petitioner has been that the girl at the relevant time was traceless. Learned counsel, with reference to the supplementary affidavit filed on behalf of the petitioner today during the course of the proceedings, places reliance on the deposition made by the victim girl Shilpa Nidhi under Section 164 of the Code of Criminal Procedure and which has been placed at Annexure-2 of the supplementary affidavit. Learned counsel, with reference to the statement made therein, submits that the victim girl has herself attributed the leaving of the parental home to the harassment caused by her parents. She has also accepted that she was never kidnapped and she had gone to Delhi on her own volition. - 2 - Learned counsel thus submits that in view of the statement made by the victim girl under Section 164 of the Cr.P.C. no case is made out as against the present petitioner. Having regard to the submissions made by learned counsel for the petitioner, let the petitioner Santosh Kumar be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No.125 of 2010 subject to the condition that the petitioner would attend the court below on each and every date fixed in the case and the failure on his part to attend the court below on two consecutive dates fixed in the case without any reasonable explanation to the satisfaction of the court below would entitle the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. S.Sb/- (Jyoti Saran, J.)