IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42515 of 2010 M.D. Iqubal S/O Iftekhar Ahmad @ Md. Is-sekar, Resident of village- Harsingpur, P.S. Ghanshyampur, Distt. Darbhanga Versus THE STATE OF BIHAR ----------- 02/ 26.03.2011 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence of kidnapping under Sections 365, 367 and other allied Sections of the Indian Penal Code and Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the Act). The case was initially registered as a complaint, but was referred to the police for investigation. Police recovered the victim from his own residence and such fact is evident from the application filed by the A.S.I., Bahera P.S. dated 16.7.2010, Annexure-2, whereunder he requested the Additional Chief Judicial Magistrate, Benipur to record the statement of the boy under Section 164 Cr.P.C. As regards the allegation under Section 3(1)(X) of the Act is concerned, it is submitted on behalf of the petitioner that 2 from perusal of the complaint it would appear that no such allegation has been made in the complaint. Let the petitioner above named surrender in the court below within four weeks from the date of receipt of a copy of this order in the court below and thereafter be admitted to the privilege of bail on furnishing bail bond of ` 5, 000/- (` five thousand only) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Benipur (Darbhanga) in connection with Bahera P.S. Case No. 59 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Arjun/ ( V. N. Sinha, J.)