IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10879 of 2010 JAKIR MIAN,son of Idrish Mian,resident of village-Baksha,P.S.-Sugauli,District-East Champaran. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 21-04-2010 Heard learned counsel for the petitioner. No body appears on behalf of the State despite repeated calls. Petitioner apprehends his arrest in connection with Sugauli P.S.Case No.176 of 2008 dated 07-11-2008, registered under Section 366A/34 of the Indian Penal Code. According to prosecution case, Baby Kumari, daughter of the informant was kidnapped by the accused persons including the petitioner for the purpose of marriage with co-accused Raju Singh. It is submitted that during the course of investigation alleged victim, Baby Kumari, was recovered and her statement under Section 164 Cr.P.C. vide Annexure-2 has been recorded by the learned Judicial Magistrate on 16th Feberuary, 2010, where her age was assed as 23 years. The alleged victim has clearly stated that she was not kidnapped by any body; rather she had married with co-accused Raju Singh. Taking into consideration of her statement, the learned Chief Judicial Magistrate passed an order on 19-02- 2010 allowing the victim girl to go to her Sasural to live with co- accused Raju Singh as his wife. In the aforesaid background and in view of the statement of the victim girl vide Annexure-2 denying the entire prosecution case, in the event of arrest/surrender within a period 2 of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)