IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39660 of 2010 Anil Mehta, son of Ram Rekha Mehta, resident of village- Bela Baiju, P.S.- Patahi, District- East Champaran ---- Petitioner. Versus STATE OF BIHAR--- Opp. Party. ----------- 2/ 03-11-2010 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under section 366A/34 of the Indian Penal Code. According to prosecution case, co- accused Awadhesh Mehta and this petitioner are alleged to have kidnapped the daughter of the informant from her house. It is submitted that during the course of investigation the alleged victim, Babita Kumari, was recovered and her statement under section 164 Cr.P.C. was recorded by the learned Magistrate on 16th March, 2009, vide Annexure-2, wherein she has contradicted the entire prosecution case, as disclosed in the F.I.R., vide Annexure-1, and she has further admitted that she voluntarily married with co-accused Awadhesh Mehta and she wants to live in her Sasural. It is further highlighted that co-accused Awadhesh Mehta, the main culprit , was put on trial and he has been acquitted by the judgment and order dated 22nd July, 2010 passed in Sessions Trial No. 187 of 2010 by the learned 6th Additional District & 2 Sessions Judge, Motihari, East Champaran. Taking into consideration the facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Sikrahana at Motihari in connection with Patahi P.S. Case No. 12 of 2009, subject to conditions as laid down under section 438(2) of the Cr.P.C. BTiwary/ ( Birendra Prasad Verma, J.)