IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40171 of 2010 2 10.11.2010 Ranjeet Paswan, son of Mahindra Paswan, resident of East Kamsiya, Brahma Asthan, P.S. Begusarai, District Begusarai VERSUS The State of Bihar ------- Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the complainant. Petitioner has prayed for anticipatory bail in a case where the allegation is that on 18.5.2009 at about 5 p.m. in the absence of the complainant, Usha Devi wife of Dilip Sah, this petitioner, his brother and other members of his family entered into the house by force and kidnapped the daughter of the complainant and also removed Rs.40,000/- in cash and gold ornaments. It is alleged that the daughter was subjected to sexual assault by the petitioner and his brother for several days and ultimately she was released and came back to her home. It has been alleged in the complaint petition that police did not record any case and when petition filed before the S.P. and D.S.P. had no effect then the complaint - 2 - petition was filed on 24.4.2009. Learned counsel for the complainant has submitted that the date of occurrence suffers from typographical error and should be read as 18.4.2009 in place of 18.5.2009. On behalf of the petitioner it has been shown from earlier police report dated 10.4.2009 submitted by the Office incharge of the Begusarai Town Police Station contained in Annexure-2 that police found the activities of the complainant’s husband and daughter doubtful. In that report it has come that the alleged victim is a college student whereas the petitioner was to take his matriculation examination and they developed some friendship. It has also come in the statement of the alleged victim that she had run away with the petitioner but subsequently came back. She has not alleged any sexual assault against the petitioner. Considering the entire facts and circumstances, lack of any information to the police, absence of medical report, statement of the alleged victim and young age of the petitioner, the prayer for anticipatory bail is allowed. In the event of arrest or - 3 - surrender within six weeks, petitioner, Ranjeet Paswan, shall be released on bail on furnishing bail bond of Rs.10000/- with two sureties of the like amount each to the satisfaction of CJM, Begusarai in connection with Begusarai Town PS Case No.441/09, subject to conditions laid down under Section 438 (2) CrPC. sk (Shiva Kirti Singh, J.)