IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42287 of 2009 JANTU DAS son of Suresh Das @ Suresh Harizan, resident of village- Aminpur (Kulhariya) P. S. Amarpur, District Banka…. Petitioner. Versus STATE OF BIHAR ----------- 2. 08.12.2009. Heard counsel for the petitioner and counsel for the State. The petitioner who faces prosecution under Section 366(A)/34 I.P.C. of the Indian Penal Code for offence as with regard to kidnapping of a minor girl aged about 12 years as alleged in the first information report, has a clear defence that the whole story of such kidnapping of the victim girl is not only a cooked up but also the father of the victim girl is well aware that his daughter, victim girl is married to the brother of the petitioner namely Rahul Das and is happily living with her husband (Rahul Das). Counsel would therefore submit that merely because the father of the victim girl wanted to put pressure as he was aggrieved by inter-caste marriage he has implicated the petitioner who is living in the village separately from his brother, Rahul Das. Counsel would also refer to the 2 application filed by victim girl before the court below as with regard to recording statement under Section 164 Cr.P.C. wherein she has also stated to have married on her own volition with Rahul Das. Considering the aforementioned submissions, this court is of the opinion that the petitioner is well aware of the whereabouts of his brother Rahul Das and the place where the victim girl is residing with Rahul Das. In that view of the matter, if the petitioner can get the police, investigating agency, to the victim girl and the police finds the victim girl, the police would definitely proceed with remaining part of the investigation in which till date it has not been able to trace out the girl. Under such circumstances, this court would direct for release of the petitioner on provisional bail for a period of two months in which period the petitioner must do the needful in getting the victim girl located by the police. If the petitioner would be able to take the police to the victim girl, the responsibility of the petitioner will be over and on a report of the investigating officer 3 that the victim girl is found with the help of the petitioner; the court below shall confirm the provisional bail of the petitioner. It goes without saying that if the victim girl, for any reason, would not be traced out and/or located, the petitioner would surrender voluntarily after expiry of aforesaid period of two months. It would be the duty of the petitioner to report to the police within a period of two weeks from the date of his being released on provisional bail and the police thereafter would accompany the petitioner for finding out the victim girl and such exercise must be completed by the police within a period of one month from the date the petitioner reporting to the police. With the aforementioned conditions, the petitioner namely Jantu Das is directed to be released on provisional bail for a period of two months on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P. S. Case 4 No. 194 of 2007. One of the bailors must be the father of the petitioner who has also sworn the affidavit in support of this bail application. kanchan (Mihir Kumar Jha, J.)