IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31644 of 2008 RAJ KUMAR @ RAJ KUMAR BHAGAT Versus STATE OF BIHAR ----------- 2 12.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. Charge-sheet has been submitted against the petitioner for the offences under Sections 366, 366(A) and 376 of the Indian Penal Code. Allegation upon the petitioner is kidnapping the daughter of informant who is aged about 16 years. Learned counsel for the petitioner submits that the girl has come back on her own and her statement was recorded under Section 164 Cr.P.C. vide Annexure-2. Learned counsel for the petitioner submits that the victim girl has disclosed her age about 19 years. The Magistrate however, has assessed her age about 17 years. The girl has categorically stated in her statement under Section 164 Cr.P.C. that she was married to one Arun Sah and she came to know that her husband has already killed his first wife and thus since she was apprehending that she may also killed by him, she fled away to the house of her “Fuferi” sister. When she came to know that her mother has filed a case against somebody for her kidnapping, then her aforesaid sister brought her to the Court. Learned counsel for the petitioner further submits that the petitioner is in Jail since 11.4.2008 and his criminal antecedent is clean. Learned counsel for the State submits that petitioner has - 2 - been charge-sheeted under Sections 366, 366(A) and 376 of the I.P.C. Allegation upon him is of kidnapping a minor girl. In the facts and circumstances of the case, and in view of the submissions made on behalf of the parties, I direct the petitioner namely, Raj Kumar @ Raj Kumar Bhagat, to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 248 of 2007. P.K. (Dr. Ravi Ranjan, J.)