IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42315 of 2009 BIRENDRA RAUT son of Bharat Raut, resident of village- Jogapur-Kothi, Tola- Saraia, P. S.- Jamobazar, District- Siwan…. Petitioner. Versus STATE OF BIHAR . ----------- 2. 08.12.2009. Heard counsel for the petitioner and counsel for the State. The fact that the allegation against the petitioner under Section 366(A)/120(B) IPC upon recovery of alleged victim girl seems to be one of an intimacy between the victim girl and the petitioner out of which at one point of time they had also gone away from their house but have ultimately found it difficult to live together, would make the petitioner entitled for grant of bail specially when it is the version of the victim girl herself under Section 164 Cr.P.C. that she has no grievance against the family members of the petitioner and whole thing was done by one Parmila Devi. The recovery of the victim girl after nine months on her own by way of coming back to her house with the petitioner and the fact that the parents also took almost more than four months in reporting the matter to the police would infact itself make out a case at least for grant of bail for the 2 petitioner. Counsel for the petitioner in fact submits that the petitioner is still prepared to abide by his decision and is ready to live with the victim girl as he has married her and thus if the victim girl even now would be prepared to live with him he would gladly accept her in his life though in 164 statement she had given a bad name to him. In view of the aforesaid stand, the petitioner namely, Birendra Raut is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Jamo P. S. Case No. 25/09, subject to a condition that one of the bailors must be the uncle of the petitioner (Mohal Raut who has sworn the affidavit in support of the bail application). It goes without saying that if the trial of the petitioner would be conducted, the petitioner will remain present and his absence on two consecutive dates will make him liable for cancellation of his bail. kanchan (Mihir Kumar Jha, J.)