IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33526 of 2010 MD.ZIYA Versus STATE OF BIHAR ----------- 2 06.10.2010 Mr. Vinod Kumar Singh appears for the informant and files his Vakalatnama. Let it be kept on record. Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and Mr. Vinod Kumar Singh, learned counsel appearing for the Informant. Petitioner is apprehending his arrest in connection with Bihta P.S. Case No.75 of 2010 for the offence punishable under Sections 363 and 366 of the Indian Penal Code. The allegation against the petitioner as set out in the F.I.R. is of abducting the victim daughter of the informant. Learned counsel for the petitioner inviting the attention of this Court towards the order dated 23.4.2010 passed in Anticipatory Bail Application No. 2037 of 2010 placed at Annexure-2 of the application submits that the victim girl herself appeared before the Court below and submitted that she was never kidnapped by any person and that she had 2 left her home on her own volition and is residing at Jehanabad with her friend. Learned counsel thus submits that no case either under Section 363 or 366 is made out against the petitioner in view of the said submission of the girl. Learned counsel appearing for the informant has vehemently opposed the prayer made on behalf of the petitioner. Considering the circumstances and the submissions of the learned counsel, let the petitioner namely, Md. Ziya, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order before the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur District-Patna in connection with Bihta P.S. Case No.75 of 2010 subject to the conditions stipulated in Section 438(2) of the Code of Criminal Procedure. Bibhash (Jyoti Saran, J.)