IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31612 of 2008 LALAN CHAUDHARY, Son of Late Lakhan Chaudhary, resident of village-Adalpur, P.S.-Fatwah, Dist.-Patna ………. Petitioner Versus THE STATE OF BIHAR ……….. Opp. Party For the Petitioner:- Mr. Ajay Kumar Sharma, Advocate For the State:- Mr. Ansarul Haque, A.P.P. ----------- 05 21.01.2009 Heard learned Counsel for the petitioner and the State. Petitioner is facing prosecution under Sections 363/366(A) of the Indian Panel Code. Learned Counsel for the petitioner submits that the statement of victim girl under Section 164 Cr.P.C. has been recorded after about a lapse of three years from the date of occurrence. He further submits that the girl was not recovered by Police rather after about one week she returned at her own. It is also contended that in the statement under Section 164 Cr.P.C. she has stated that she was confined for two hours at the Station by the petitioner and thereafter she fled away and stayed at the place of her “Mausi”. Petitioner is in under jail custody since 10.05.2008. Further contention is that even after her return from the place of her “Mausi”, father of the victim girl did not produce her before the Police at once. Lastly, learned counsel submits that the petitioner has clean antecedent. The girl has earlier also left her house without information to her parents. Learned A.P.P. appearing on behalf of the State contends - 2 - that the statement recorded under Section 164 Cr.P.C. clearly states that the girl was taken away by the petitioner. However, he admits that there has been inordinate delay in recording the statement under Section 164 Cr.P.C. which stands unexplained. In the facts and circumstances of the case the petitioner namely, Lalan Chaudhary, is directed to 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 Additional Chief Judicial Magistrate, Patnacity in connection with Fatuaha P.S. Case No. 157 of 2005. P.K. (Dr. Ravi Ranjan, J.)