IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31331 of 2011 Bipin Gosain Versus The State Of Bihar ----------- 02/ 30.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 5.3.2011 in a case registered under section 366/34 of the IPC. Informant’s daughter aged about 14 years was found missing on 16.4.2010 and in course of investigation, on search name of this petitioner came to light and after that on 11.5.2010 informant filed written report to Belagon police station alleging therein that his daughter was kidnapped by this petitioner. Later on, the informant’s daughter was recovered and her statement under section 164 of the Cr.P.C was recorded on 29.10.2010. In the said statement, she supported the story of her kidnapping. Learned counsel for the petitioner submits that, as a matter of fact, there was love affair between the petitioner and the victim and victim left her home by her own sweet will and she along with petitioner went to different places as per statement of the victim recorded under section 164 of the Cr.P.C and, therefore, the aforesaid circumstances clearly negate the entire prosecution story. It is also pointed out by him that in medical examination, the victim has been found between 17 to 19 years. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, 2 Bipin Gosain, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sessions Judge, Kaimur at Bhabua in Sessions Trial no. 184/2011 arising out of Belaon (Bhagwanpur) P.S. Case no. 50/2010. shahid (Hemant Kumar Srivastava,J)