IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28295 of 2008 SEEMA KUMARI Versus STATE OF BIHAR ----------- 2. 25.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case for the offences registered under Sections 366A, 120B and 34 of the Indian Penal Code. The allegation against the petitioner is that she alongwith her mother and two brothers went to the house of the informant and brought the daughter of the informant to her house on the pretext of preparation of food items because some guests had to come in her house. It is further alleged that the daughter of the informant went alongwith them to her house and, thereafter, she disappeared. Learned counsel for the petitioner submits that the girl herself was interested in going alongwith the co-accused Prince, (brother of the petitioner) as she was having some love affairs with him which would be substantiated on perusal of her statement recorded under Section 164 Cr.P.C. on 25th of April 2008. Certified copy of the said statement has been produced by the learned counsel for the petitioner - 2 - which is kept on record. It is further submitted that mother of this petitioner has been allowed regular bail taking into consideration the statement of the victim girl recorded under Section 164 Cr.P.C. Learned counsel for the informant is not disputing the submission of the petitioner that her daughter gave statement under Section 164 Cr.P.C. although she had love affairs with the co-accused, Prince, the brother of the petitioner but she disapproved the manner in which the co-accused took him against her wishes. It has also not been disputed that mother of the petitioner was allowed regular bail as noticed above. Learned counsel for the State submits that although the allegations against this petitioner is that he went to the house of the informant alongwith her mother and brother and they brought the daughter of the informant, thereafter she disappeared. However, taking into consideration the statement of the victim girl recorded under Section 164 Cr.P.C. the specific allegation of overt act is being alleged against the co- accused, Prince. Considering the submissions as made above it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, - 3 - namely, Seema Kumari be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 63 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)