IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34259 of 2011 ====================================================== Birendra Paswan, son of Shri Harendra Paswan, resident of Vill. Mogalahia, P.S. Gopalpur, Distt. West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra with Mr. Sachida Nand Rai, Advocates For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 13-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 366A/376/34 of the Indian Penal Code. Learned counsel for the petitioner submits that according to the prosecution case there is direct and specific allegation against co-accused, Jitendra Paswan, who is alleged to have enticed away the victim girl, daughter of the informant. It is further submitted that the victim, Kaushalya Kumari has been recovered and her statement under Section 164 Cr.P.C. vide Annexure-2 has been recorded, where in she has not made any specific allegation against the petitioner. By referring to Patna High Court Cr.Misc. No.34259 of 2011 (2) dt.13-10-2011 2 Annexure-3, the medical report, it is submitted that victim was found aged about 17 years. It is next contended that the petitioner has been implicated in the present case for commission of the crime in question merely on the ground that he happens to be younger brother of co-accused, Jitendra Paswan, who is said to be main culprit. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail in connection with Gopalpur P.S. Case No.10 of 2011 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District West Champaran subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Anjani /- (Birendra Prasad Verma, J)