IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23716 of 2011 Abhishek Kumar Mishra @ Abhishek Mishra @ Annu son of Uma Shanker Mishra, resident of village- Dharampur, P.S.-Sathi, Dist.-West Champaran at Bettiah Versus The State Of Bihar ----------- 2. 20.7.2011. Heard learned counsel for petitioner and learned counsel for the State. The present case has been registered for the offence under sections 364, 365 and 368 of the Indian Penal Code on 30.10.2009. The informant has got the present case registered against unknown accused persons alleging therein that his daughter aged about 21 years went out on 29.10.2009 but did not return till 6 p.m. The informant suspected that she might have been kidnapped by some unknown accused persons. Learned counsel for the petitioner submits that though the occurrence is of 29.10.2009 the victim girl was subsequently recovered and her statement under section 164 Cr.P.C. was recorded on 23rd June, 2010. In her statement under 164 Cr.P.C. the victim has alleged that the petitioner who happens to be her relation had earlier proposed to marry her which was refused by the victim and, thus, the petitioner in collusion with his mother, father and one Sonu Kumar Mishra got her abducted. In her statement the victim has not alleged any ill treatment or sexual exploitation by any accused persons. Learned counsel for the petitioner submits that the story is otherwise. The victim was in love with the petitioner and she 2 voluntarily eloped. She has written several letters to the petitioner which would suggest that the victim used to write love letters to the petitioner from before. Learned counsel for the informant submits that the victim was recovered on 2.11.2009 itself. However, what is surprising in this case is that the statement of the victim was recorded on 23rd June, 2010 i.e. after a lapse of more than seven months from the date of recovery of the girl. Learned counsel for the petitioner submits that subsequent statement under section 164 Cr.P.C. of the victim girl was under the influence of her parents with whom she was living after her recovery. Taking into consideration the facts and circumstances of the case let the petitioner, namely, Abhishek Kumar Mishra @ Abhishek Mishra @ Annu in the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Motihari Town P.S. Case No.357 of 2009. Md.S. ( Ashwani Kumar Singh, J.)