IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.14329 OF 2011 RAJ KUMAR SAH, SON OF SUDARSHAN SAH, RESIDENT OF VILLAGE USARI, POST OFFICE AND POLICE STATION DAWATH, DISTRICT ROHTAS VERSUS THE STATE OF BIHAR ******** 2 01/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Section 366A of the Indian Penal Code. In connection with this case, the petitioner is in custody since 28.01.2011. The allegation in the First Information Report is that this petitioner is said to have kidnapped the minor daughter of the informant. Learned Counsel for the petitioner submits that the girl returned to her house without their being any intervention of the Police or somebody else. It is further submitted that it is on the basis of the statement of the cousin brother that he had seen the kidnapped girl with this petitioner at Maliabad that the petitioner has been made accused in this case. Learned Counsel further submits that it is quite unusual that the brother would see his sister in a strange company and would not take any steps to speak to her or to find out the reason why she was moving about with a complete stranger in a 2 different town/village. Lastly, it is submitted that no such occurrence has taken place and this case has been instituted due to land dispute. The girl has been found to be of 17 years of age and therefore, it is submitted that even an year or two, she cannot be said to be a minor. Considering the facts aforesaid, the above named petitioner is directed to be released on bail after completing six months in custody in Dawath Police Station Case No. 89 of 2010 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Vikramganj at Rohtas. Anand ( Sheema Ali Khan, J. )