IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4877 of 2010 1. JALISA KHATOON, wife of Majid Mian @ Abdul Majid, 2. MD. ABDUL KHAIR, son of majid Mian @ Abdul Majid, Both resident of village – Gamraho, P.S. – Mahisi, District – Saharsa. 3. MD. MAKSUD, son of Late Majlees, resident of village – Chakmaka, P.S. – Balwahat, District - Saharsa. 4. MD. FARUQUE, son of Tahir, resident of village – Bhatoini, P.S. – Simri Bakhtiyarpur, district – Saharsa. ---------------------- Petitioners. Versus THE STATE OF BIHAR ---------------- Opposite Party. ------- 04. 28.06.2010 Heard learned counsel for the petitioners and learned A.P.P. for the State. Petitioners are named accused in connection with Mahisi P.S. Case No. 97/2009 for the offence punishable under Section 365, 366A/34 of the Indian Penal Code. Petitioners being members of the family o co- named accused Hussain Ahmad who was teaching the students and in that course kidnapped minor daughter of the informant. During the course of argument, it is submitted by learned counsel for the petitioners that the victim has already married with co-accused Hussain Ahmad, and the relationship has been accepted by the informant and other family members. If it is so, in the event of the informant appearing as a witness stating acceptance of relationship with his free will and consent without any coercion and also - 2 - appearing as one of the bailors of the petitioners. Considering the facts and circumstances of the case, in the event of their arrest/surrender within four weeks from receipt of the copy of this order, petitioners, namely, (1) Jalisa Khatoon, (2) Md. Abdul Khair, (3) Md. Maksud and (4) Md. Faruque, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties (one of them being the informant) of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Mahisi P.S. Case No. 97/2009. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to attend to court at least for two years or till disposal of the case, whichever is earlier, on failure on two consecutive dates, privilege granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)