IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34468 of 2009 CHHOTU MODY, S/o Shambhu Mody, R/o Mohalla – Old Bus Stand, behind of Govt. Bus Stand, P.S. Banka, Distt. Banka ………. Petitioner Versus THE STATE OF BIHAR ………………………… Opposite Party. ----------- For the Petitioner:- Mr. Ajay Mukherjee, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 2. 15.10.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made accused in a case registered under Section 366A of the Indian Penal Code. The informant has stated in the first information report that he had received telephone from his house and his daughter was going along with a boy towards Amarpur Road. On enquiry it was found that the petitioner, who is a resident of his Mohalla, had enticed his daughter and taken her by rickshaw. It is submitted on behalf of the petitioner that in the statements of the girl recorded under Section 164 Cr.P.C., she has not named the petitioner. It is further submitted that since the petitioner is a resident of the same Mohalla, the father of the victim girl has named him on suspicion and the fact that the girl has not named 2 the petitioner indicates towards the innocence of the petitioner. The victim girl in her statements has also stated that the person, who had taken her away, had not formed any physical relationship with her. The second daughter of the informant has also allegedly stated in her statements recorded under Section 161 Cr.P.C. that one of her friends had seen her sister along with this petitioner. It has also been stated that none of the witnesses had named the petitioner during the course of investigation. Having regard to the facts and circumstances of the case, I direct the petitioner, Chhotu Mody to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 308/09, subject to the condition that one of the bailors must be one of the parents of the petitioner. dk ( Dr. Ravi Ranjan, J. )