IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16803 of 2009 AMIT SHARMA Versus STATE OF BIHAR ----------- 03. 21.08.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner has been made accused under sections 366A/34 of the Indian Penal Code in Tarapur P S Case No. 19 of 2003. He has been in custody for the alleged offence of having kidnapped a girl namely, Kavita Kumari. Later on, even section 376 IPC has also been added. Submission on behalf of the petitioner is that there are variations in the statements which have been made by the victim girl and in view of the same police has expressed his doubt about the correctness or otherwise of all the allegations which have been made against the accused persons including this petitioner. In view of the inconsistency of the statement benefit of doubt must be given to the petitioner at this stage since he is to still face the trial where truth would emerge. Keeping the fact in mind that petitioner has been in custody since 30.3.2009 and with the variations in the statements and accusation of the victim, let the petitioner Amit Sharma be enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in Tarapur P S Case No. 19 of 2003 subject to the condition that that one of the surety will be executed by the father of the - 2 - petitioner with a direction that in case trial is held against the petitioner, he shall cooperate in the trial by appearing before the trial court and shall not abscond. rkp (Ajay Kumar Tripathi, J)