IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25529 OF 2009 CHHOTELAL YADAV, SON OF SRI KALADHAR YADAV, RESIDENT OF VILLAGE LAUWALAGAN, P.S. CHAUSA, DISTRICT MADHEPURA VERSUS STATE OF BIHAR ----------- 2. 17.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 363, 366A read with Section 34 of the Indian Penal Code. It is stated that petitioner is a next door neighbour of the prosecution side and cases are going on between parties. The allegation against the petitioner and others is of kidnapping the minor niece of the informant. It appears that the victim girl herself appeared before the police and gave her statement under Section 164 of the Cr.P.C. in which she has stated that petitioner and others had taken her to Pipra for selling her but parents of this petitioner forbade the petitioner from doing so and returned back the niece of the informant to the village after a few days. Petitioner has surrendered on 17.07.2008 and since then he is in custody. It is stated that petitioner has no criminal antecedent. Considering the statement of the victim - 2 - girl recorded under section 164 of the Cr.P.C. and also considering the fact that the victim girl herself returned back to the village after a few days of the occurrence and there is a land dispute between the parties, the application is allowed. Petitioner (Chhotelal Yadav)is directed to be released 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 Additional Sessions Judge (F.T.C.No.2), Madhepura in connection with S.T. No.195/08 arising out of Chausa P.S. Case no.127/07. B.T (J.N. Singh, J.)