IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34946 of 2009 INDAL KUMAR Versus STATE OF BIHAR ----------- 2 27.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Sheikhpura P.S. Case No. 332 of 2008 registered under Sections 366, 366(A)/34 of the Indian Penal Code. Substance of the allegation against the petitioner and other accused persons named in the F.I.R. is of kidnapping the minor daughter of the informant, Kaso Paswan. The girl as according to the statement made in the F.I.R., still remains traceless. Learned counsel appearing on behalf of the petitioner draws the attention to this Court towards a petition filed by the father of the petitioner before the Superintendent of Police, Sheikhpura in which he has categorically stated that the daughter of the informant was married to one Pramod Sao who also has been made accused in the present case and a child has also been born in the said wedlock. The petitioner has given 2 the detail of the residence of the said Promod Shao at Panipath in the State of Panjab in the said petition. Learned counsel appearing on behalf of the petitioner submits that despite the said information having been given to the Superintendent of Police, no positive action has been taken thereon and the informant is well aware of this development. Having regard to the facts and circumstances of the case, let the petitioner, Indal Kumar, be enlarged 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 Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 332 of 2008 subject to the conditions that the petitioner would be attending the court on each and every date unless a reasonable explanation to that effect is given. It would be open to the court below to take him in custody in case the petitioner defaults on two consecutive dates and does not cooperate with the trial without reasonable explanation. Bibhash (Jyoti Saran, J. )