IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38718 of 2009 SINTU CARMELLA D/O PRAKASH RAJAK, RESIDENT OF VILLAGE SUNDARPUR, POLICE STATION PIRPAINTY, DISTRICT BHAGALPUR… …PETITIONER Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: Mr. Nawal Kishore Agrawal,Sr. Advocate Dr. Manoj Kumar, Advocate For the State: Mr. R.P.S. Singh, A.P.P. ----------- 3 11.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 363, 366(A)/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the occurrence is of 17.2.2009, but the first information report has been lodged on 03.03.2009, after delay of a period about 16 days. Though it is stated in the first information report that the information of missing of the girl was given earlier to the police station, there is nothing to support the aforesaid claim of the informant. It is submitted that allegedly the petitioner was also instrumental in abduction of the girl. However, from the statement of the victim girl recorded under section 164 of the Code of Criminal Procedure it appears that she had willingly gone with the accused persons. It is highly 2 improbable that she remained unconscious till she reached Mumbai from Kahalgaon. It is further submitted that the girl has not stated that she was subjected to any physical assault or sexual harassment was made to her. She has simply stated that co-acused Pius had offered to marry her. She has also stated in her statement that co-accused Pius had taken her from Mumbai to Kahalgaon, wherefrom her father brought her to his house. Further submission is that there was a lover affair in between the co-accused Pius and the girl. However, the family members of the girl were not ready. The petitioner, who is a lady and said to be the “Mausi” of the co-accused Pius, is in custody since 13.08.2009. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Sintu Carmella, to 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 the Chief Judicial Magistrate, Bhagalpur in Kahalgaon Police Station Case No. 103/09 SC ( Dr. Ravi Ranjan, J.)