IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33310 of 2010 NAWAL KUMAR SAH @ NAWAL KISHORE SAH @ NAWAL KISHORE KUMAR son of Jugal Sah of village-Laxmipur under Sakra (Bariyapur O.P.), Police Station within Muzaffarpur District. ……. ……Petitioner Versus THE STATE OF BIHAR …… ……Opp.Parties ----------- 3. 1.12.2010. Heard Dr.Pawan Kumar learned counsel for the petitioner, Mr. A.M.P.Mehta learned Additional Public Prosecutor appearing on behalf of the State and Mr. Anil Kumar Roy learned counsel appearing on behalf of the informant. The sole petitioner, who is in custody in connection with Sakra (Bariyapur O.P.) P.S. Case No.141 of 2010 for the offences under sections 363 and 366A/34 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that due to old enmity the petitioner was made accused in a planned manner. It has been submitted that number of witnesses have virtually contradicted the allegation levelled against the petitioner. Mr.Anil Kumar Roy, learned counsel appearing on behalf of the informant has vehemently opposed the prayer for bail of the petitioner. Mr.A.M.P.Mehta, learned Additional Public Prosecutor appearing on behalf of the State, on the basis of materials collected in the case diary has submitted that during investigation, statement of victim girl under section 164 Cr.P.C. 2 was recorded in which she had categorically stated regarding commission of offence of the petitioner. In view of the fact that number of witnesses have categorically stated that the victim girl had left her bicycle in the house of one Lala Singh and, thereafter, he caught the bus for going to Hajipur, the court is of the opinion that there is some possibility of doubt in accusation against the petitioner since it was alleged that after kidnapping, the victim was carried on a motorcycle. In view of the fact as has been brought during investigation, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Sakra (Bariyapur O.P.) P.S.Case No.141 of 2010. Md.S. ( Rakesh Kumar, J.)