IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21539 of 2009 Upendra Chaudhary, son of Laxman Chaudhary, resident of Village-Surwala Tola, P.S. Gautam Budh, District-Siwan. ………Petitioner. Versus 1. The State of Bihar. 2. Kumari Devi, W/o Tallv Yadav, R/O Vill.- Chandpur, P.S. G. B. Nagar, District-Siwan. ………Opp. Party. ----------- 4. 16. 09. 2009. Heard. This is a case registered under Sections 366A, 120B / 34 of Indian Penal Code. Taking into consideration the fact that Ranju Kumari, the victim girl herself in statement recorded under Section 164 Cr.P.C. stated before the court below that petitioner has no concern with the kidnapping and in fact she wants to live with the present petitioner, let the petitioner named above be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Maharajganj (G.B. Nagar) P.S. Case No. 19/2009, on the condition that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. It appears that the case is still pending before the Chief Judicial Magistrate, Siwan, who will immediately furnish the police papers to the accused person and commit the case to the court of Sessions for trial. On commitment, the trial court will consider the entire material including the statement 2 of the girl recorded under Section 164 Cr.P.C. and consider whether it is a case under Section 366A I.P.C. In case, he does not find essential ingredients of the offence, he will pass necessary orders. SKBOSE (Anjana Prakash)