IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3589 of 2010 1. RAMAYAN MANJHI SON OF LATE JALESHWAR MANJHI 2. RAM MANJHI SON OF RAMAYAN MANJHI Versus THE STATE OF BIHAR ----------- 3. 19.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 364 and 498/34 of the Indian Penal Code. The complainant has alleged that the petitioners, who are father and son, forcibly kidnapped his sister-in-law along with her child. Thereafter on 8.5.2009 a petition was filed on her behalf that in fact she had not been kidnapped by the accused and she had filed the case u/s.498A of the I.P.C. against the complainant and other in-laws since they were mistreating her. However on 17.7.2009, statement was recorded u/s.164 Cr.P.C wherein she has stated that the present petitioners forcibly took her to Gwalior and kept her there for six days. However she does not allege any sexual abuse. The submission is also that it is unbelievable that the father and son would together kidnap any person. Under the circumstances, let the petitioners above named, who are in custody since 5.11.2009 and 30.11.2009 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Thawe P.S.case No.46 of 2009, subject to the - 2 - conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and (ii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )