IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39466 of 2009 RAJESH PANDIT, S/o Chandar Pandit. Versus THE STATE OF BIHAR. ----------- 02. 19.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 366A/34 of the Indian Penal Code. Taking into consideration the fact that the victim gave statement under Section 164 Cr.P.C. that she was 17 years of age and in fact she had gone away with the present petitioner on her own volition therefore it was not a case of kidnapping, let the petitioner above named who is in custody since 08.05.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Runisaidpur P.S. Case No. 122 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with - 2 - the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. The Magistrate concerned is directed to commit the case immediately for trial and the trial court upon receipt of the records will consider the statement under Section 164 Cr.P.C. of the girl in question and pass appropriate orders whether any offence is made out against the accused person in the light of such statement. Vikash/- (Anjana Prakash, J.)