IN THE HIGH COURT OF JUDICATURE AT PATNA CR. MISC. NO.12318 OF 2008 KAUSHALENDRA PRASAD, SON OF YAMUNA MAHTO, RESIDENT OF VILAGE KEWAI, POLICE STATION NOORSARAI, DISTRICT NALANDA VERSUS STATE OF BIHAR ********** 5 07.11.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. Initially a complaint was filed which was sent to the Police and First Information Report has been registered under Section 363, 366A, 376, 120B/34 of the Indian Penal Code regarding kidnapping of Munni Kumari who was later on sexually assaulted by the petitioner at different places. Submission is that the victim has sworn an affidavit that she was willing to marry with the petitioner. The informant has implicated because he was having greedy eye on the property of Munni Kumari. The victim was brought up by the informant because of the death of her parents in her childhood. She was being gifted 61 decimals of land by her grand mother and that was the motive of the implication of the petitioner. Further submission is that the petitioner is handicapped. The doctors of Safdarjang Hospital, New Delhi has given a certificate as contained in Annexure-2 which notes that the petitioner has permanent disability of both lower limbs and 2 the disability was to the extent of 50 per cent. A report was called for from the Superintendent of the Jail. The same has been received along with the certificate of the Medical Board. The doctor has also reported about the disability of the petitioner but has reduced the percentage of the disability from 50 per cent to 30 per cent. The occurrence of February, 2007 resulted in this case in September, 2007. Considering the facts and circumstances of the case, the petitioner Kaushlendra Prasad is directed to be released on bail in connection with Noorsarai Police Station Case No. 125 of 2007 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif. Anand (Shyam Kishore Sharma, J.)