IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32522 of 2008 DHARMENDRA MEHTA S/o. Babulal Mahto, R/v. Malwariya, P. KumarS. – Tandwa, District – Aurangabad (Bihar) ………………. Petitioner Versus THE STATE OF BIHAR……. ……………. Opp. Party ----------- 2 21.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 366(A) of the Indian Penal Code. The victim girl was recovered after some time and her statement was recorded under Section 164 of the Cr.P.C which is Annexure-2 to the petition. She has said that she had come to attend the tailoring course at the centre when she was called by accused Deepak Paswan saying that her brother-in-law had called her at Navi Nagar. They took a three wheeler on which this petitioner and one Mithilesh Paswan were sitting and they threatened her to keep quite. After some distance this petitioner and Mithilesh Paswan got down from the three wheeler and the said Deepak took her to Dehri from where Deepak and victime went to Faridabad where she was kept confined till she was recovered. As per the statement of the victim herself the role of the petitioner is only to have accompanied them on the three wheeler to some distance and to have threatened her to keep quite. It is stated that the petitioner is school going boy and has no criminal antecedent. He is in custody since 2.05.2008. It is stated that the police has wrongly submitted charge sheet against the petitioner under Section 366A, of the Indian Penal Code, as the allegation of sexual abuse and rape is on the said Deepak Kumar only who had taken the victim girl to - 2 - Faridabad and kept her confined there. Consider the tender age of the petitioner and the fact that it is his first offence, this application is allowed. Let the petitioner, namely, Dharmendra Mehta be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J, F.T.C 2, Aurangabad in connection with S.Tr. No. 228 of 2008 Tandwa P. S. Case No. 6 of 2008. On the condition that one of the bailer of the petitioner shall be his father and other bailers shall also be a senior family member of the petitioner. Kundan (J. N. Singh, J.)