IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11608 of 2009 NASIMUDDIN @ NASIM AKHTAR,son of Sheikh Bechan,resident of village-Basahiya, P.S.-Piprarhi,District-Sheohar. Versus STATE OF BIHAR ----------- 02/ 18-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that it can never be a case for the offence under Section 366A of the Penal Code. The victim girl is residing with the petitioner for a long period. She was married daughter of the informant. So, most probably she should not be minor, nor the victim herself made such statement. There can be two cases only- one after divorce the victim is residing with the petitioner after marriage or without divorce she is residing with him. Relation may not be acceptable but it can never be a case of kidnapping. Basing which petitioner’s arrest cannot be justified at the moment. I agree with the same. In case of arrest or surrender within one month from today in Bairgania P.S.Case No.128 of 2004, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )