IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34188 of 2010 HARENDRA SINGH @ HARENDRA KUMAR Versus THE STATE OF BIHAR ----------- 5 05.01.2011 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. Petitioner seeks his bail in connection with Agiaon (Garhani) P.S. Case No. 69 of 2010 registered under section 366/34 of the Indian Penal Code. Although the petitioner is named in the FIR but bare perusal of the FIR itself suggests that the victim was in habit of elopement from her home. No doubt, the petitioner is named in the FIR but in course of investigation, it revealed that it was the co-accused, Gautam Singh who took away the victim girl and only material which has come against the petitioner is that he facilitated the aforesaid Gautam Singh in committing the alleged crime. Learned counsel for the informant vehemently opposed the prayer submitting that mother of the victim girl has already filed a petition of habeas corpus before this court but in my vies, mere filing of the petition of habeas corpus does not affect the merit of this case. In the aforesaid facts and circumstances, the petitioner, namely, Harendra Singh @ Harendra Kumar is - 2 - directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Agiaon (Garhani) P.S. Case No. 69 of 2010to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara subject to condition that he shall co-operate the Investigating Officer in course of investigation and whenever and wherever he is called by the I.O., he shall produce himself before the aforesaid I.O. and if any complain is made by the Investigating Officer before the concerned court, the concerned court shall consider the aforesaid complain and after due inquiry if the concerned court finds any substance in the aforesaid complain, the concerned court may cancel the bail bond of the petitioner. AKV/- (Hemant Kumar Srivastava,J.)