IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49277 of 2008 1. SIYA SHARAN PRASAD Son of Late Beni Mahto 2. Sarda Devi Wife of Siya Sharan Prasad Both residents of Village Pariauna, P.S. Noorsarai District- Nalanda ---------------- Petitioners Versus STATE OF BIHAR ----------------- Opposite Party ----------- 2. 13.1.2009 Heard the learned counsel for the petitioners and counsel appearing on behalf of the State. The petitioners are accused in a case under Sections 498(A), 494, 307, 365/34 of the Indian Penal Code. The petitioners are ‘Phupha’ and ‘Phua’ of the victim lady. It is alleged that they had kidnapped the son of the victim lady. Learned counsel appearing on behalf of the petitioners submits that the victim lady had abandoned her son and left her matrimonial home. Learned counsel for the petitioners further submits that the allegations against the petitioners are false and fabricated and the child is living with his grandfather. This aspect of the matter should be taken into account by the Court hearing the bail application of either Sanjay Kumar or Upendra Kumar @ Sudhir Kumar. As far as these petitioners are concerned they are not directly concerned with the said allegations of re-marriage or demand of dowry. Considering the aforesaid facts, the petitioners namely Siya Sharan Prasad and Sarda Devi are directed to be released on anticipatory bail in the event of their arrest or surrender in connection with Laheri P. S. Case No. 110/08 on furnishing bail bonds of rupees - 2 - ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif, subject to the conditions laid down under Sections 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)