IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21924 of 2011 Mukesh Kumar @ Mukesh Raj Versus The State Of Bihar ----------- 2 22.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The petitioner is accused in Giriak P.S. Case No. 23/11 dated 15.02.2011 registered Under Sections 366(A)/34 of the I.P.C. The allegation is that minor daughter of the informant was induced and taken away by the petitioner. Learned counsel for the petitioner submits that later on the girl has returned to her house. The learned counsel for the petitioner draws the Court’s attention to the deposition under Section 164 of the Cr.P.C. of the concerned girl in which it is clearly mentioned that she was aged 18 years. He further points out that the girl and the accused are of the same village and are also contemporary in age. He points out that the date of occurrence as alleged is 13.2.2011 and report was made on 15.2.2011 and the girl returned on 19.2.2011 after being taken to Chennai. He submits that at best it was a case when both the parties had consented and on their on volition had run away for sometime and the allegation was that she was made unconscious could not be sustained. Considering the facts and circumstances of the case, and also in view of the petitioner being in custody since 2 19.2.2011, let the petitioner be released on bail upon furnishing bail bond of Rs 5000/- alongwith two sureties of like amount each to the satisfaction of the learned Sessions Judge, Nalanda at Biharsharif in Giriak P.S. Case No. 23/2011. It is made clear that one of the bailers should be either mother or father of the petitioner. Sudha ( Ahsanuddin Amanullah, J.)