IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42747 of 2009 SANTOSH KUMAR RAMAN S/O Late Shivjee Ram, resident of village-Narayanpur, P.O. Sakari, P.S. Manigachhi, District Darbhanga. Versus STATE OF BIHAR ----------- 3 17/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, facing prosecution for the offence under sections 363/366A of the Indian Penal Code, has his defence that the statement of the victim girl would now leave nothing for him to explain that she had accompanied the petitioner on her own free will and in fact had also returned back to her parents without any sort of complain of misbehavior against the petitioner. Counsel for the petitioner, in fact, also submits that the petitioner has got no criminal antecedent and is in custody since 27.10.2009. This Court has carefully gone into the statement of the victim girl under section 164 of the Cr.P.C. as also the medical report of the department of Forensic Medicine of Darbhanga Medical College and would find both of them are in favour of the petitioner supporting his story and thus falsifying the prosecution case, and therefore in the opinion of this Court, the petitioner, namely, Santosh Kumar Raman becomes entitled for grant of bail. That being so, the petitioner, namely, Santosh 2 Kumar Raman is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Darbhanga in Baheri P.S. Case No.248 of 2009, subject to the condition that one of the bailer of the petitioner must be his close family member preferably either of the parents. Abhay Kumar (Mihir Kumar Jha, J.)