IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41493 of 2008 LAL BABU SAH son of Satnarayan Sah Resident of village- Baisakhwa P.S.- Gopalpur, District- West Champaran At present Prakash Nagar Narkatiyaganj P.S.- Sikarpur, District- West Champaran Versus STATE OF BIHAR ----------- 3 16.12.2008 Heard learned counsel for the petitioner and Mr. R.P.S. Singh, Addl. P.P. appearing for the State. The offence alleged is under sections 366, 366A, 120B of the Indian Penal Code and section 3(1)(X) of the S.C./S.T.( Prevention of Atrocities) Act. The allegation is that the son of the petitioner has kidnapped the daughter of the informant aged about 17 years and in such kidnapping the petitioner is alleged to have conspired with his son. Further allegation is that since the informant belongs to scheduled caste category, in order to humiliate him his daughter was kidnapped. It has been submitted on behalf of the petitioner that the daughter of the informant, a married lady, appears to have gone with the co-accused Mukesh Sah who is not the son of this petitioner. Besides that the daughter of the informant in her statement under section 164 Cr.P.C. claiming her age to be 19 years has stated that she had gone willingly with the co-accused Mukesh Sah and married him and from such marriage she is now - 2 - pregnant. Learned counsel appearing for the informant opposes the prayer for bail and submits that the petitioner is the father of the co-accused who had kidnapped the daughter of the informant and as such kidnapping has taken place with the connivance of this petitioner. Learned Addl. P.P. appearing for the State submits that the informant has claimed that his daughter was kidnapped with the conspiracy of this petitioner. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiha, West Champaran, in connection with Shikarpur P.S.Case No. 200 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)