IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39875 of 2009 Om Prakash Prasad, Son of Suba Nandan Prasad, Resident of Village Mathia Morsand, P.S. Motipur, District Muzaffarpur. --------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 23.11.2009 Heard learned counsel for the petitioner and counsel for the State. The allegation against the petitioner for committing an offence under Section 366/376 of the Indian Penal Code as also other allied offences on the face of record seems to be concocted, inasmuch as, it has come in the statement of the witnesses themselves that the informant who claims to be the victim was living in a rented house with the petitioner from where she was recovered after more than two months of her being allegedly kidnapped. It has further come in the Case Diary that the husband of the informant, a Raj Mistri working outside the State in fact had returned on 14.3.2009 itself and even after being informed of his wife, the informant missing, he did not lodge any report and left such a report to be lodged only on recovery of his wife. Considering these aspects as also the fact that the informant is the mother of three children and one of them was always 2 accompanying her even during her alleged kidnapping and subjected to physical assault and yet she was never examined by the police, this Court would find the present case to be a fit case for grant of bail, specially when the petitioner has also got no criminal antecedent. In the facts and the circumstances of this case, this Court would direct for bail of the petitioner, namely, Om Prakash Prasad on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. (West), Muzaffarpur in connection with Motipur P.S. Case No. 57 of 2009, subject to the condition that one of the bailors must be the relative preferably either of the parents of the petitioner. However, it goes without saying that the petitioner shall also remain present in course of trial and his absence even on two consecutive dates in course of such trial will make him liable for cancellation of the present bail. Rsh (Mihir Kumar Jha, J.)