IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36863 of 2008 MAMTA KUMARI, daughter of Sri Naresh Gupta, resident of Mohalla Govindpur, P.S. Fatuha, District Patna ------Petitioner Versus STATE OF BIHAR ------Opposite Party ----------- 2. 26.11.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in connection with Magadh Medical College and Hospital Police Station Case No.35 of 2008 for the alleged offences registered under sections 366 and 366A of the Indian Penal Code. It is submitted on behalf of petitioner that there is absolutely no allegation against this petitioner in the alleged offence. The name of this petitioner has figured in the F.I.R. only to this effect that the co-accused Ravi Kumar, who is alleged to have eloped with the victim girl, is the Dewar of the petitioner. The learned counsel submits that during investigation it has only come that the victim girl, who is the daughter of the tenant, had gone to her landlord’s house and took tea there and thereafter she came out of his house and then she started feeling giddiness and instead of going to her house, she went towards road where co-accused Ravi Kumar eloped her. It is further submitted that the victim girl has filed an informatory petition, as contained in Annexure 5, to the effect that she is 19 years of age and she has married with the co-accused Ravi Kumar. The learned APP appearing for the State is not in a 2 position to bring anything more implicating the petitioner in the alleged crime. Considering the facts and circumstances of the case, let the petitioner above named, in the event of her arrest or surrender in connection with Magadh Medical College and Hospital Police Station Case No.35 of 2008 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)