IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34731 of 2010 KANHAIYA YADAV, SON OF BIKRAMA YADAV Versus STATE OF BIHAR ----------- 3. 18.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Uchakagaon P.S. Case No. 47 of 2010 registered under Sections 366A and 120B/34 of the Indian Penal Code. Allegedly, on 3.5.2010, two girls were kidnapped by petitioner and other accused but on the same day one girl namely Sony Kumari returned to her home safely and narrated the entire incidents to the Informant and others but it is surprising enough that the instant case was lodged on 9.5.2010. Furthermore, it is evident from perusal of the case diary that on the very next day of the alleged occurrence i.e. on 10.5.2010 the victim girl was recovered from the house of the petitioner as per paragraph-14 of the case diary and her statement was recorded under Section 164 Cr. P.C. in which she stated that she had been kept by the petitioner and other accused for more than six days. The contention of the learned counsel for the petitioner is that the brother of the petitioner had lodged Uchakagaon P.S. Case No. 48 of 2010 against the Informant and others and he gave his Fardbeyan on 4.5.2010 and that is why the Informant has brought this false case against the 2 petitioner. He further contended that after recovery of the victim girl, her statement was recorded under Section 164 Cr. P.C. but she has nowhere stated about the sexual assault and subsequently, when her statement under Section 164 Cr. P.C. was recorded, she developed the story of sexual assault. Considering the above stated submissions as well as facts and circumstances of the case the above named petitioner is directed to 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 Chief Judicial Magistrate, Gopalganj, in connection with above stated Uchakagaon P.S. Case No. 47 of 2010. S.Ali (Hemant Kumar Srivastava, J.)