IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5126 of 2010 SHOBIN MANDAL son of Prayag Mandal, resident of Mohalla- Rasidpur, P.S.-Nathnagar, Dist.-Bhagalpur. Versus STATE OF BIHAR ----------- 2. 24.2.2010. Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and learned APP for the State. The petitioner is in custody in connection with Nathnagar P.S. Case No.192 of 2009 registered for the offence under section 366A and allied sections of the Indian Penal and sections 25(1-b)A, 26, 35 and 37B of the Arms Act Learned counsel for the petitioner while pressing the bail petition has referred the contents of the first information report and submits that on perusal of the first information report it is evident that the informant had alleged that two days prior to the fardbeyan his daughter, Sangeeta Kumari aged about 16 years, was taken away by the son of the petitioner and thereafter a search was conducted and the informant recovered his daughter from the house of niece of this petitioner. Even though recovery was made, the informant did not take any step to lodge any case but he alleged in the first information report that subsequent to the recovery this petitioner along with his son arrived at the Darwaja of the informant and started abusing him. He took out a pistol which was snatched by the informant and the police was informed and thereafter the petitioner was taken into custody. Learned counsel for the petitioner on the basis of prosecution case submits that in any event the offence under section 366A of the Indian 2 Penal Code cannot be attracted against this petitioner and in worst case it can be said to be a case for the offence under section 323 of the Indian Penal Code. Without going into the merit of the case, I direct that the petitioner above named be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, in connection with Nathnagar P.S. Case No.192 of 2009. Md.S. ( Rakesh Kumar, J.)