IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37218 of 2010 NAGENDRA SAHANI SON OF HARI SAHANI, RESIDENT OF VILLAGE MURALIPUR, P.S. TARAIYA, DISTRICT SARAN – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 08-10-2010 Heard the parties. In a criminal prosecution registered under section 366A/34 of the Indian Penal Code , the petitioner and three of his family members are alleged to have kidnapped one Trinkal Kumari, daughter of the informant and are said to have taken her to Mumbai for the purpose of her marriage. It is submitted that as a matter of fact, the petitioner and the alleged victim Trinkal Kumari were having love affairs from before and allegation of kidnapping is absolutely false and concocted one. It is further submitted that during the course of investigation the alleged victim Trinkal Kumari along with the petitioner voluntarily appeared before the police, whereafter statement of the victim girl was recorded under section 164 Cr. P.C., vide Annexure-2. In her statement the victim girl has contradicted the entire prosecution allegation against the petitioner. According to her statement, she went to Mumbai in the company of other accused persons voluntarily and there she solemnized marriage with the petitioner. She has further stated that she was never 2 kidnapped forcibly by the petitioner or any other persons and she wants to live with the petitioner as his wife. From the aforesaid statement of the victim entire prosecution allegation stands falsified and contradicted. It is also submitted that the petitioner is in judicial custody since 09.07.2010 and there is no other criminal case pending against him. Taking into consideration the totality of the prosecution case, particularly statement of the victim girl recorded under section 164 Cr. P.C., vide Annexure-2, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri A.K.Pandey, J.M. Ist Class, Saran at Chapra, vide U.T. No. 166 of 2010 in connection with Taraiya P.S. Case No.26 of 2010. BTiwary/ ( Birendra Prasad Verma, J.)