IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15219 of 2009 RAJU BAITHA Versus STATE OF BIHAR ----------- 02/ 18.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 366A/34 of the Penal Code. Learned counsel for the petitioner submits that although there is an allegation of kidnapping of a minor girl against the petitioner but the said girl herself appeared and made a statement under section 164 of the Code of Criminal Procedure (Annexure 2), in which she clearly stated that she went with the petitioner to Punjab and they wanted to marry but the petitioner had no physical contact with her and when they returned to their village her parents forcibly took her to their house. He further submits that the medical report ( Annexure 4) also shows that the alleged victim girl was aged between 18-19 years and there was no sign of any recent sexual assault. He also submits that in the aforesaid facts and circumstances the petitioner has committed no offence and he is in custody since 01.12.2008. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Accordingly, let the sole petitioner, namely, Raju Baitha be enlarged on bail on executing bail bond of Rs.10,000.00 (ten thousand) with 2 two sureties of the like amount each to the satisfaction of learned A.C. J. M. Bagaha, District West Champaran, in connection with Semra (Chiutaha ) P.S. Case No. 96/2008. MPS/ ( S. N. Hussain, J. )