IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14038 of 2009 MD. AYUB SHAH Versus STATE OF BIHAR ----------- 02. 27.07.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 26.11.2008 in connection with Mahua P S Case No. 113 of 2007 for the offence under sections 366 and 366A of the Indian Penal Code. A complaint was lodged by the informant alleging therein that petitioner was a tutor who used to teach the children of the informant. In the night of 26.6.2007 petitioners along with one Md. Mansoor came to the house of the informant and enticed away her minor daughter. It is alleged that she was illegally detained in the house of another co-accused namely, Sattar Khalifa. Subsequently it seems the victim girl was recovered and case in question came to be instituted. Submission of the learned counsel for the petitioner is that age of the girl according to the medical report is between 17 - 19 years and in 164 statement she has alleged that it was a case of love affair and she has not alleged any ill-treatment at the hands of the present petitioner. There is circumstance to show that it is not premeditated crime as sought to be made out by the informant. There are other material to support the contention on behalf of the petitioner in this regard. Keeping the above submissions and the allegation as also the fact that petitioner has remained in custody for quite a while, let - 2 - petitioner Md. Ayub Shah be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P S Case No. 113 of 2007 with a direction that petitioner will co-operate in the trial and shall not misuse the privilege of bail. rk (Ajay Kumar Tripathi, J)