IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23386 of 2009 SANTOSH KUMAR CHAUDHARY Versus THE STATE OF BIHAR ----------- 02 30.07.2009 Heard both sides. Petitioner prays for grant of bail in a case instituted under Sections 363A, 365 and 371 of the Indian Penal Code and Section 14 of the Child Labour Prohibition Act. Initially a complaint was lodged on 10.7.2004, relating to an incident that had taken place on 1st September, 2003. The said complaint was subsequently treated as an F.I.R. on 29.9.2004. The allegation is/are that this petitioner enticed away the boy of the complainant/informant, aged about 14 years and he was taken to some other place from where he was recovered. It appears that the boy returned back after few months. He was produced before the Deputy Inspector General of Police, where he is said to have stated that he had gone to Punjab along with his cousin brother. The Police on conclusion of investigation submitted Final Form on 27.2.2007, whereby the petitioner was not sent up for trial. Mr. Thakur, learned counsel appearing on 2 behalf of the petitioner, submits that subsequently learned Magistrate, differing with the Final Form has taken cognizance on 18.1.2009 and as such the petitioner is facing prosecution and he is in custody since 20.5.2009. In the facts and circumstances of the case, 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, Darbhanga , in connection with Laheriasarai P.S. Case No. 198 of 2004, T.R. No. 936 of 2009, subject to the condition that one of the bailors should be the own/close family member of the petitioner. P.K. (K.K. Mandal, J.)