IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.353 of 2010 INDRAJEET PASWAN, Son of HarishChandra Paswan, R/o Banauli, P.S. Sursand, District Sitamarhi …….. Petitioner Versus STATE OF BIHAR …… Opposite Party ----------- For the Petitioner : Mr. Dinesh Jha, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. -------- 5 30.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 366(A) and 120(B) of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation in the first information report is that the petitioner with the help of Amit Kumar and Lallan Rai had been instrumental in taking away the daughter of the informant, however, that has not been supported by the victim girl in her statement recorded under Section 164 Cr.P.C. She had clearly stated that the co-accused Amit Kumar and Lallan Rai had kidnapped her with the help of this petitioner and co- accused Amit Kumar had also subjected her to sexual assault, whereas there is no such allegation as against the petitioner. It is stated that the report of the medical examination of the girl goes to disclose her age about 19 years. Learned counsel - 2 - further submitted that in her statement recorded under Section 161 Cr.P.C. by the police, the girl has allegedly disclosed that she was having love affairs with the petitioner and voluntarily had gone. However, there is complete variation in the statement recorded under Section 164 Cr.P.C. , wherein it has been stated that co-accused Amit Kumar has subjected her to sexual assault. Learned counsel submits that co-accused Amit Kumar has already been granted bail by the Sessions Judge, Sitamarhi. In the facts and the circumstances of the case, the petitioner, INDRAJEET PASWAN, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Sursand P.S. Case No. 124 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Spd/- (Dr. Ravi Ranjan, J.)