IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23641 of 2010 1. BARAN MIYAN @ BASHIR ANSARI 2. CHHOTAN MIYAN 3. TEPU MIYAN ------------------------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 2 12.8.2010 Heard learned counsel for the parties. The submission of learned counsel for the petitioners is that the victim girl disappeared from her house. Petitioners are alleged for kidnapping. According to learned counsel, she was in love with one Samir, disappeared with him also but after coming in contact with her mother, she is giving incident as colour of kidnapping. But after reaching Delhi, petitioner no.3 also disappeared and only Samir remained with her and lastly he also left her. She was taken to Aftercare Home at Nasik. She contacted her mother on telephone and came her home. There is no allegation about misbehaviour of any kind of crime committed upon her and after all Samir was only responsible for the incident. Victim girl is at the verge of majority and not corroborating prosecution story about kidnapping by all the accused persons. Thus, having regard to the facts and 2 circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on 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, Nawada in Akbarpur P.S. Case No. 242/2010, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)