IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24947 of 2009 VIKASH KUMAR SINGH, son of Murari Singh, resident of village- Bhartuigarh, P.S. Hussainganj (Ziradei), District- Siwan ……. Petitioner Versus THE STATE OF BIHAR ……. Opp.Party ----------- 2. 10/09/2009 Heard learned counsel for the petitioner, learned counsel for the State as also learned counsel for the informant. Case is under section 366A of the Indian Penal Code. Case was instituted on 31.3.2009 after four days of alleged kidnapping. It is said that on the same day the victim girl was recovered and the petitioner was arrested. In her statement recorded under section 164 Cr.P.C., the victim girl said that she was called by the sister of the petitioner in her house to work and she was given some sweets to eat due to which she became unconscious. She was taken by the petitioner and his brother to the railway station and from there to Gorakhpur. Thereafter, petitioner left. However, brother of the petitioner received a call that the petitioner has been arrested, upon which, his brother started back with her for the village but on way she was recovered by the police and - 2 - the brother of the petitioner fled away. From the order of the learned Sessions Judge, it appears that the victim girl was medically examined and she was found to be of 17-18 years of age. Learned counsel for the petitioner, in presence of learned counsel for the informant, read out the statement of the mother of the victim girl recorded in paragraph 7 of the case diary, wherein her mother has said that some love affair had developed between the petitioner and the girl. Considering the above facts and circumstances and also considering the fact that in 164 Cr.P.C. statement victim girl has not alleged any sexual assault on her by the petitioner or his brother, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Hussainganj (Ziradei) P.S.Case No.39 of 2009. Pradeep/ (J. N. Singh, J.)