IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25238 of 2009 ***** Arun Dev Singh son of late Saryug Singh, resident of village- Akbarpur, P.S.-Kalyanpur, District- Samastipur. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 7.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner was taken in custody on 15.2.2009 when Kalyanpur P.S. Case No.44 of 2009 was registered under Sections 363, 366A of the Indian Penal Code. Allegation in the F.I.R. is that according to the informant’s statement that the petitioner kidnapped and enticed a minor girl, namely, Nitu Kumari, who happens to be the sister of the informant with oblique motive. When they were trying to catch a bus out of the village, the informant learnt about, raised hue and cry and the petitioner along with girl were apprehended and the present case filed. The statement of the counsel is that at no point of time any statement has been taken of the said victim girl under 164 Code of Criminal Procedure for specific motivated reason, though she has made a statement before the Dy. S.P. before the supervision and she has not put any blame upon the present petitioner. Submission of the counsel is that there are unexplained areas and he has been framed in the case for reasons by the motivated segment of the villagers. Keeping in view the period the petitioner has remained in the custody and with no categorical statement coming against him from the victim, giving the benefit of doubt, let the petitioner, namely, Arun Dev Singh be enlarged on bail on furnishing bail bond in the sum of - 2 - Rs.10,000/- (Ten Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No.44 of 2009. One of the sureties will be executed by the wife of the petitioner, namely, Suman Singh on due identification. Pawan/- (Ajay Kumar Tripathi, J.)