IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 7469 of 2010 MD MANJOOR ALAM @ MANTUSH Versus THE STATE OF BIHAR ----------- 3 27.05.2010 The petitioner apprehends arrest in Sour Bazar Police Station Case No 207 dated 16.07.2009 instituted under Section 366 of Indian Penal Code pending before Chief Judicial Magistrate, Saharsa. In the first information report, petitioner is only named as a person suspected of having kidnapped the girl in question being Rukhsar Khatoon. Subsequently the girl is recovered and she makes statement under Section 164 of Criminal Procedure Code wherein she does not even name the petitioner in any manner. Unfortunately, the learned Sessions Judge, while referring to everything, forgets this vital issue and refuses bail. In the facts and circumstances of the case, the petitioner abovenamed is directed to surrender before the Court below within four weeks from today and if he does so, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Sour Bazar Police Station Case No 207 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)