IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23130 of 2011 Gautam Kumar, Son of Sri Mallik Prasad Yadav @ Mallik Yadav, resident of village Kankaul, P.S. Begusarai Moffasil, District Begusarai. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ----------- 03/- 04/08/2011 Heard learned counsel for the petitioner, learned counsel for the complainant-informant and learned Additional Public Prosecutor for the State. Counter affidavit has been filed on behalf of the complainant-informant. Petitioner is named accused in this case instituted on basis of Complaint Case No. 2758C of 2010 with allegation of kidnapping of minor daughter of the complainant-informant, who during investigation was recovered from a temple and in her statement recorded under Section 164 of the Code of Criminal Procedure on 30.12.2010 stated about herself leaving the house due to some sort of torture caused to her by her parents. Submission is that no offence has been committed by the petitioner and nothing has been asserted against him by the victim. Further, on behalf of the complainant- informant by annexing copy of the school certificate of the victim, it is submitted that she is still minor and roughly two months after her statement recorded under Section 164 of the Code of Criminal Procedure, she has filed an application asserting the happenings with her by petitioner and others. Considering the facts and circumstances of the case, till submission of charge-sheet, in the event of his arrest/surrender before 2 the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in connection with Begusarai Moffasil P.S. Case No. 395 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till submission of charge-sheet, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)