IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 13087 of 2008 ANKUR @ ANKUR SINGH Versus STATE OF BIHAR ----------- 2 15.05.2008 The petitioner is in custody since 17.02.2008 in connection with Katihar (Mufassil) Police Station Case No 38 of 2008 instituted under Sections 363 and 366A of Indian Penal Code on the Fard-e- bayan of the alleged victim girl’s father. It is alleged that the petitioner used to tease the girl in question which was known to the people of the locality. On 14.02.2008, the girl in question did not return from school and was allegedly taken away by the petitioner and could not be traced. The first information report was, thus, registered against the petitioner. It is stated that on 15.02.2008, the girl was recovered from the house of Bua of the petitioner and on the same day, the statement of the girl under Section 164 of Criminal Procedure Code was recorded. Her statement has been annexed as Annexure-2 to this application in which she clearly states that she has been scolded by her parents on previous day and, as such, she was annoyed and wanted to run away when the petitioner consoled her and took her to his Bua’s house and had intended to return her to her parents in the morning. In the night, she slept with the Bua of the petitioner. It is submitted that this statement was specifically brought to the notice of the learned Sessions Judge, Katihar, he ignored the same and rejected the bail application. I find it regrettable that the learned Sessions Judge, Katihar chose to ignore such an important event. In the bail application filed before him, these facts 2 are clearly mentioned. In the facts and circumstances of the case, the petitioner Ankur @ Ankur Singh is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Katihar (Mufassil) Police Station Case No 38 of 2008. M.E.H./ (Navaniti Prasad Singh)