IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45326 of 2009 MUNNA ANSARI @ TANVIR ALI, son of late Liyakat Ali, village Stuwer Ganj, Ps Mohania, district Kaimur (Bhabhua) – petitioner. Versus STATE OF BIHAR ----------- 2 23.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case under section 366A of the Penal Code. Learned counsel for the petitioner submits that the only role of this petitioner was that his motor cycle was used in the alleged kidnapping. It is said that Rani @ Ghazala had enticed the victim to have herself photographed and it is she who had asked Ghazala to sit on a motor cycle. The motor cycle belonged to the petitioner. From the statements made under section 164 Cr.P.C. it appears that the victim has not named this petitioner as being present at the place of occurrence although she has said that she was taken to his house. Learned counsel submits that the entire family of Rani has been made accused in this case including the father of this petitioner who as per the death certificate died in 1990 itself. Learned counsel submits that actually the girl had run away with her lover and as Rani had helped her, her entire family has been made accused in this case. The specific allegation of rape is against accused Mahendra and Chandeshwar. Considering the aforesaid facts, the petitioner in the 2 event of his arrest or surrender within six weeks, is directed to be released on anticipatory bail in Kochas (Parsathua) PS Case No. 95/2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions laid down under section 438(2) of the Cr.P.C. haque (Sheema Ali Khan, J.)