IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39580 of 2008 SUNIL KUMAR RAM, Son of Kali Charan Ram, resident of Mohalla, Ishakchak, P.S. Ishakchak, District- Bhagalpur. Versus STATE OF BIHAR ----------- 3. 23.10.2008 The F.I.R. was lodged under Section 364/34 of the Indian Penal Code against the petitioner and co-accused Ranjan Kumar Rai with the allegation that the petitioner and co-accused Ranjan Kumar Rai had taken the victim boy Bharat Kumar Mandal with them for realizing some wages from their master but the victim did not return and it was learnt that the petitioner and co-accused Ranjan Kumar Rai kidnapped him away. The learned counsel for the petitioner submits that the victim had himself gone away for working somewhere and he himself returned and thereafter, his statement under 164 of the Cr.P.C. was also recorded. In the statement (Annexure-2) the victim has simply stated that the petitioner had given him wine for drinking and co- accused Ranjan Kumar Rai had forcibly got him seated in train for Delhi but subsequently, he fled away from there. The learned counsel also refers to the evidence of the victim at Annexure-4 as recorded by the trial court and points out that the victim has stated that he was moving hither and thither and he had gone to Delhi where he met Bablu and worked with him for one and half months and Bablu sent him back to his house. It is also submitted that there is no other material to connect the petitioner in the commission of crime. Mr. R. B. Rai, the learned A.P.P. does not point out any - 2 - other material against the petitioner. In the facts and circumstances of the case, the petitioner, Sunil Kumar Ram is admitted to bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge cum Fast Track Court No.II, Bhagalpur, in Sessions Case Nos. 467 of 2008, arising out of Ishakchak P.S. Case No. 03 of 2008. (C.M. Prasad, J.) Ravi/-