IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14240 of 2009 ***** Om Prakash Sahani son of Ramdeo Sahani resident of village- Huseni South, P.S. Dumaria Ghat, District East Champaran, Motihari. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 3.8.2009. Heard learned counsel for the petitioner, learned A.P.P. for the State as well as learned counsel representing the informant. Petitioner is in judicial custody since 25.12.2008 for the alleged offence of kidnapping the minor girl under Section 366(A)/34 of the Indian Penal Code. Dumaria Ghat P.S. Case No. 86/08, therefore, came to be registered on the allegation made by the informant that the petitioner has kidnapped her minor girl with illegal motive. Subsequently, it emerged that the girl has been recovered and in a statement under Section 164 it is stated that she was not a minor and she had gone with the petitioner on her own sweet will and has also stayed with him for about two weeks. There is nothing to show that any kind of force or allurement as such was offered to the victim. Learned counsel representing the informant on the basis of the matriculation certificate submits that the girl was a minor of about 17 years of age and that being so the accusation is prima facie enough to deny the petitioner the benefit of bail. But looking at the statement made by the girl against the petitioner and the period spent in custody, let the petitioner, namely, Om Prakash Sahani, be enlarged on bail on his furnishing bail bond in the sum of Rs.10,000/- with two sureties in the like amount each to the satisfaction - 2 - of Chief Judicial Magistrate, East Champaran, Motihari in connection with Dumaria Ghat P.S. Case No.86/08 with a direction that the petitioner shall stay away from the victim girl and will not intimidate any witnesses and shall also cooperate in the trial and will appear in each and every date fixed by the trial Court. any abrasion from the conditions will disentitle him from the privilege of bail. Pawan/- (Ajay Kumar Tripathi, J.)