IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20738 of 2011 Mukul Kumar Mishra Versus The State Of Bihar ****** 03. 15.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Triveniganj P.S. Case No. 92/2010, for the offences under Sections 363/365/366A/387/120B of the Indian Penal Code, is one of the named accused in this case of kidnapping of minor daughter of the informant. Submission is that roughly two years ago also case of almost similar nature relating to same victim was instituted against others vide Triveniganj P.S. Case No. 241/08 and in the present case petitioner is innocent, though the victim appearing voluntarily roughly after five months as alleged about participation of the petitioner also along with others in her kidnapping but only role attributed against the petitioner is at initial stage. She remained outside for about five months, neither anything is attributed against the petitioner subsequently nor any ill-treatment was given to the victim. Moreover, almost under similarly situated circumstance father of the petitioner namely Vinay Mishra @ Pappu Mishra @ Vinay Kumar Mishra, has already been granted privilege by a Bench of this Court vide order dated 23.05.2011 passed in Cr. Misc. No. 16173/2011, and petitioner has also no criminal antecedent. Considering the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul, in connection with Triveniganj P.S. Case No. 92/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)