IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29722 of 2008 MD.SARGAM HAYAT @ PAPPU, Son of Md. Daroga Ansari, Resident of Village-Amidha, P.S.-Sanhaulla, District-Bhagalpur. Versus THE STATE OF BIHAR ----------- 2 1-10-08 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 363 and 366A of the Indian Penal Code. The allegation is that while the victim girl had gone out to ease she was forcibly taken away and made to sit on the motorcycle of the petitioner by one Rafique and both of them took her to Sahebganj. After two days the elder uncle of the victim girl saw the petitioner and the said Rafique made enquires about the victim girl and thereafter she was recovered. Immediately after recovery she was medically examined and in the medical examination no evidence of any kind of sexual assault was found. The petitioner is said to be in custody since 31st March, 2008. Learned senior counsel for the petitioner submits that in fact, the girl had eloped with the said Rafique on her volition out of love. Be that as it may the girl was recovered only two days after and in medical examination no sign of sexual assault or abuse was found on her. The petitioner is in custody since 31.3.2008. In the circumstances, this bail application is allowed. Let petitioner Md. Sargam Hayat @ Pappu 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 Chief Judicial Magistrate, Bhagalpur in connection with Sanhaulla P.S. Case No. 26/08 dated 28.3.2008, G.R. No. 774 of 2008. Arvind/ ( J. N. Singh, J.)