IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1087 of 2009 BINOD MANDAL, S/o Arjun Mandal, R/o Village – Ekchari, P.S. Rasalpur, Distt. – Bhagalpur …. Petitioner Versus THE STATE OF BIHAR ………..…. Opposite Party. ----------- For the Petitioner:- Mr. Ranjan Kumar Jha and Mr. Kumar Kamal Nayan, Advocates. For the State:- Mr. Choubey Jawahar, A.P.P. ------------ 3. 10.04.2009. Heard learned counsel for the parties. Petitioner is facing prosecution under Sections 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the ingredients of Section 366(A) of the Penal Code are not made out and, at best, it could be a case under Section 342 of the Penal Code. Further submission is that, as per the F.I.R., the girl was allegedly kidnapped on 13.08.2007 and subsequently she was recovered on 16.08.2007 besides a temple. In the meantime, she never raised any alarm meaning thereby that she, on her own sweet will, eloped with the petitioner. It is further submitted that the girl herself has stated in her statement recorded under Section 164 Cr.P.C. that she was neither physically nor sexually assaulted by the petitioner. Lastly, it is submitted that the petitioner 2 is languishing in jail since 16.08.2007. In view of the submissions made on behalf of the learned counsel for the parties and in the facts and circumstances of the case, I direct the petitioner, namely, Binod Mandal to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.P.S. Singh, A.D.J., F.T.C. No. II, Bhagalpur in connection with S.T. No. 6/08 & S.T. No. 441/08, Tr. No. 2/06 & Tr. No. 24/08, arising out of Kahalgaon (Rasalpur) P.S. case no. 310/07. dk ( Dr. Ravi Ranjan, J. )