IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23565 of 2009 SAROJ KUMAR MUKHIYA, S/O RAM BAHADUR MUKHIYA, R/O VILLAGE-SONAHAD, TOLE-USARAHA, P.S.-GHANSHYAMPUR, DISTRICT-DARBHANGA. ……………………PETITIONER. Versus THE STATE OF BIHAR. ……………………OPP. PARTY. ----------- 2 24.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 363, 366, 366(A), 379, 323, 504/34 of the Indian Penal Code. The allegation against the petitioner and others is of kidnapping of a minor girl of informant. However, the victim girl has herself made her statement under Section 164 of the Cr.P.C. annexed as Annexure-2 to the petition. From the statement, it appears that her age is 19 years and she has very specifically stated that earlier she was married with this petitioner and from whom she is pregnant also, but later on there has been dispute between her parental side and her matrimonial side on account of which her father has set-up this false case against the petitioner. Considering the specific statement of the victim girl recorded under Section 164 of 2 the Cr.P.C., the application is allowed. Let petitioner, namely, Saroj Kumar Mukhiya 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 Sub-Divisional Judicial Magistrate, Biroul at Benipur, Darbhanga in connection with Ghanshyampur P.S. Case No. 104 of 2008. Arvind/ (J. N. Singh, J.)