IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19033 of 2011 Gopi Murarka, Son of Shub Lal Murarka. Resident of village Basopatti, P.S. Basopatti, District Madhubani. ---------- Petitioner Versus The State Of Bihar. -------- Opposite Party ----------- 05/- 19/08/2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner apprehends his arrest, in connection with Basopatti P.S. Case No. 20 of 2011 for the offences punishable under Sections 363, 366(A) of the Indian Penal Code, is one of the named accused in this case of kidnapping of minor daughter of the informant with allegation of providing assistance to the main culprit in doing such act. Submission is that almost under similarly situated circumstance, some of the co-accused, namely, Kiran Kumar Mahto @ Kiran Devi @ Kiran Kumari Chaudhary, Hira Devi Sah @ Hira Devi, Suraj Mahto @ Suraj Kumar Mahto and Phoolo Devi have already been granted the privilege by a Bench of this Court vide order dated 05.08.2011 passed in Cr. Misc. No. 22500 of 2011. That apart, the victim has already married with co-named accused Dhiraj Kumar and in this regard has already filed annexing pair photograph of the couple and now the lady is in family way, but due to fear, she is not appearing before the court or investigating agency and making her statement etc. 2 On basis of materials collected during investigation, submission on behalf of State and informant is that the petitioner was seen with the victim and others while she was being taken away to some other place. Considering the facts and circumstances of the case, on the event of the victim appearing before the court below and on due identification getting her statement recorded with her free will and consent, without any coercion exonerating the petitioner, in the event of petitioner arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani, in connection with Basopatti P.S. Case No. 20 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for three years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)