IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26290 of 2011 1. Md. Sayak @ Md. Sayak Alam, S/o Md. Murshid Alam 2. Faisal @ Md. Faisal Ahmad, S/o Md. Murshid Alam. Versus The State Of Bihar ----------- 3 17.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners seeks permission to withdraw this application as regard to petitioner no.2 Faisal @ Md. Faisal Ahmad on the ground of his date of birth i.e. 25.06.1995 claiming that he is being juvenile with liberty to surrender before the court below within fortnight to seek due remedy in accordance with law. Accordingly, prayer to the extent of petitioner no.2 stands disposed of as withdrawn. So far as petitioner no.1 Md. Sayak @ Md. Sayak Alam is concerned. Submission is that at no point of time the informant i.e. the victim stated about any intention of alleged attempt to abduct her. Though, during investigation, it has come that she had some sweet relationship with co-accused Minhaz, brother of the petitioner and had free access in the house of petitioner at any point of time. Even in delayed statement under Section 164 Cr.P.C. the victim has also not stated about any intention or even relationship with co-accused and petitioner is not only next door neighbour but person 2 belonging to same family. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely Md. Sayak @ Md. Sayak Alam is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 144 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Md. Ibrarul ( Akhilesh Chandra, J.)