IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26176 of 2009 RUCHAN THAKUR, son of late Moti Thakur, resident of village Ganpatganj, P.S. Raghopur, District Supaul Versus THE STATE OF BIHAR ----------- 3. 6.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner faces prosecution for offence u/ss 366A, 371, 373 of the Indian Penal Code and section 4/5 of the A.T.C.Act. The allegation against the petitioner is that he is the kingpin who was indulging in the business of exploiting the minor girls by taking them from their house on the pretext of making them learn dancing and subjecting them to physical abuse. The whole prosecution case hinges on the alleged statement of the two victim girl, namely, Manisha @ Kakoli Mandal and Pooja Saha. Counsel for the petitioner, however, would submit that there is nothing in the statement of Manisha to implicate the petitioner and that the statement of Pooja Saha seems to be an exaggeration, inasmuch as she has introduced a story of her mother also coming to the place where she was allegedly subjected to physical abuse at the 2 instance of the petitioner. Counsel in this context has emphasized that it does not appear to be a normal conduct of a mother to allow her minor daughter to be taken away to Nepal for which she had allegedly given consent. This Court having taken into account the statement of the two victim girls would feel that both the victim girls are not giving the true story and at the same time it is not denied that they have landed at the place of the petitioner on their free will and accord. In that view of the matter, if the petitioner has got no criminal antecedent, this Court would direct for release of the petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the I/c Chief Judicial Magistrate, Buxar in Dumraon P.S.Case No. 72/2009 with a specific condition that not only the sureties will be furnished by a close family member preferably wife/ one of the parents of the petitioner and that the petitioner without fail shall remain present in course of trial 3 and his absence on two consecutive dates shall make him liable for cancellation of his bail. Before parting with, this Court would direct the trial court to ensure that as this case is triable by a Magistrate, the trial of this case should be commenced forthwith so that the trial itself is concluded within a period of one year from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/