IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28815 of 2009 SHIV MURAT RAM, SON OF LATE DOMA RAM, RESIDENT OF VILLAGE KAKURI KUNDI P.S. CHAINPUR IN THE DISTRICT OF KAIMUR (BHABUA) Versus STATE OF BIHAR ----------- 03. 07.11.2009 Heard learned counsel for the petitioner and the State. The offence alleged is under sections 366/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case, however, the allegation in the First Information Report is that the petitioner along with the two other accused persons was taking away the daughter of the informant which was seen by the informant and the wife of Ram Briksha Singh. It is further submitted that during investigation, the wife of Ram Briksha Singh did not name the petitioner. It is further submitted that in course of investigation, victims themselves did not name the petitioner. In fact, victims have narrated that they have some love affairs with the other two accused persons. It is further submitted that petitioner was assaulted by the villagers including the informant on mere suspicion for which petitioner has also lodged a case against the informant. It is further submitted that during the course of investigation, victims stated that they have been tortured to level false allegation against the petitioner and other accused persons. It is further submitted that petitioner is in custody since 23.03.2009 and has no criminal antecedent. Learned counsel for the State on perusal of the case diary is not in a position to refute the submissions made on behalf of the petitioner. In the facts and circumstances of the case, let 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 Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 30 of 2009. Jagdish/- ( Shailesh Kumar Sinha,J.)