IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40392 of 2009 MD.NASEEB ALI @ MD.NASIM ALAM, SON OF SK. ADALAT, RESIDENT OF VILLAGE SANKER SARAIYA, MUNSIENAR, P.S. TURKAULI, DISTRICT EAST CHAMPARAN AT MOTIHARI VERSUS THE STATE OF BIHAR ----------- 3. 26.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 364 and 372 of the Indian Penal Code. the main allegation in the case is against one Md. Salim who used to impart tuition to the victim girl, during which period they developed intimacy and the victim girl fled away with the said Md. Salim. Learned counsel for the petitioner has referred to Annexure-2, a joint letter addressed to the Officer Incharge of the concerned Police Station, signed by both Md. Salim and the victim girl and a photograph of both together is pasted on the said application. In the said letter it has been said that both have married and are living peacefully. He submitted that petitioner is cousin of Md. Salim and he had no role to play in the crime except that he might have helped him in eloping with the victim girl. - 2 - Petitioner is in custody since 03.07.2009. Considering the above facts and submissions of learned counsel for the petitioner, this application is allowed. Let petitioner (Md. Naseeb Ali @ Md. Nasim Alam) be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauli P.S. Case No.63 of 2009 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J. N. Singh, J.)