IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5386 of 2010 MUKESH DUBEY @ MUKESH KUMAR DWIVEDY & ANR Versus STATE OF BIHAR ----------- 02. 10.05.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in connection with Kateya P.S. Case No. 191 of 2009 registered under Sections 366A/34 of the Indian Penal Code. It is alleged that the informant’s daughter has been enticed away by the petitioners. It is submitted by the learned counsel for the petitioners that since the petitioner being a PACs Manager, advanced the loan to the son of the informant vide Annexure-2 and when the recovery was sought to be made then the present case has been lodged. It is further contended by the learned counsel for the petitioners that in 164 Cr.P.C. statement of the victim girl, neither any misbehaviour has been alleged nor from the F.I.R. it appears that any purpose of abduction has been alleged. Hence without any allegation of intent to have illicit intercourse no case under Section 366A I.P.C. is made out. Petitioners have also stated in para 13 of the present petition that they have no criminal antecedent. 2 Without expressing any opinion on the merits of the case, since no purpose has been alleged for taking away the victim girl by the petitioners and the girl herself returned to her house and the occurrence not being seen by any one, let the petitioners namely 1. Mukesh Dubey @ Mukesh Kumar Dwivdey, 2. Arjun Manjhi, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 191 of 2009. One of the sureties shall be executed by the family member of the petitioners. Shageer (Dinesh Kumar Singh, J.)