IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38327 of 2009 UDAY PASWAN, Son of Ramkaran Paswan, resident of Village- Sahtha, P.S. Bhagwanpur, District-Vaishali..........................................Petitioner. Versus THE STATE OF BIHAR............................................Opposite Party. ----------- 03. 09.12.2009. The petitioner has filed a supplementary affidavit with a prayer to withdraw the statement made in paragraph no.2 of the main bail application and to place the same by the statement made in paragraph no.2 of the supplementary affidavit filed in which he has mentioned that the petitioner had moved for anticipatory bail through Cr. Misc. No.584 of 2009 and which was dismissed vide order passed on 02.07.2009 by a Bench of this Court. The prayer made is allowed and the statement made in paragraph no.2 of the supplementary affidavit is accepted. Heard learned counsel appearing on behalf of the petitioner and counsel appearing for the State. The petitioner is an accused in Bhagwanpur P.S. Case No. 35 of 2008 for offences punishable under Sections 365 and 366A of the Indian Penal Code. The present case has been instituted on the basis of a complaint bearing Complaint Case No. 1798 of 2007 by the mother of the victim girl which was subsequently registered as an F.I.R. under the provisions of Section 156(3) of the Code of Criminal Procedure giving rise to the present case. Substance of allegation as set out in the complaint petition is that this petitioner had taken away the daughter of the informant with the purposes of committing her murder or for 2 immoral purposes. It is alleged that since the police failed to register a case hence the complaint petition was being filed. Learned counsel for the petitioner submits that the allegation as set out in the F.I.R. is not correct and that the girl had gone on her own volition. With reference to the statement of the victim girl made under Section 164 Cr.P.C., placed at Annexure-2 of the bail application it is stated that no allegation has been made against this petitioner regarding either criminally assault or sexually assault. Learned counsel appearing on behalf of the petitioner submits that it has come during the course of investigation that the age of the girl is 19 years and that she has not been sexually assaulted. It is further submitted that the girl is in her house and is in custody of her parents. It is further submitted that the petitioner is in incarceration since 05.08.2009 having no criminal antecedent. Having regard to the facts and circumstances set forth, let petitioner Uday Paswan 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 the C.J.M., Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 35 of 2008. U.K. (Jyoti Saran,J)