IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35943 of 2011 Shyam Narayan Pandey, Son of Muneshwar Pandey, resident of village- Dabhariya, P.S.-Bhabua, District-Kaimur (Bhabua). ……….Petitioner Versus The State of Bihar ………..Opp. Party. ----------- 2 25.10.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Sections 363, 365, 379, 120-B of the Indian Penal Code. It is stated that the alleged occurrence took place on 11.4.2011 but the written report was submitted on 14.4.2011. In course of investigation of the case, the victim was recovered and her statement was recorded under Section 164 Cr. P.C. on 18.6.2011. In her statement, she has categorically stated that she went to Delhi along with co-accused Om Prakash Pathak out of her own free will. She has not supported the prosecution case. She has disclosed her age to be 16 years and the Magistrate has also assessed her to be aged 16 years. It is further submitted that co-accused 1. Subhwanti Devi, 2. Rambha Kumari, 3. Ashok Tiwari @ Ashok Kumar Tiwari and 4. Om Prakash Pathak @ Ruppu Pathak have already been granted anticipatory bail by order dated 26.9.2011 passed in Cr. Misc. No. 29408 of 2011. It is also submitted that the petitioner is not named in the F.I.R. His name has been transpired in course of investigation. 2 Considering the facts and circumstances of the case, let the petitioner, namely Shyam Narayan Pandey in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Bhabua P.S. Case No. 131 of 2011, subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet/ ( Ashwani Kumar Singh, J.)