IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39744 of 2010 1. BHANU SAHANI S/o Late Narayan Sahani 2. Ratan Sahani s/o Bhanu Sahani Both residents of village- Majhariya, P.S. Pipra, District- East Champaran ----------------- Petitioners Versus THE STATE OF BIHAR ----------- 02 13-12-2010 Heard Sri Kishore Kumar Sinha, learned counsel, who was assistant by Sri Anil Kumar Tiwary , learned counsel for the petitioners and Sri Ram Priya Sharan Singh, learned Addl. Public Prosecutor for the State. Two petitioners, who are father and brother of the main accused, namely, Tuntun Sahani, are in custody in connection with Pipra Kothi P.S. Case No.73 of 2010 for the offences under Sections 363 and 366(A)/34 of the Indian Penal , have prayed for grant of bail. It has been alleged in the F.I.R. that the daughter of the informant was abducted by son of petitioner no.1, namely, Tuntun Sahani. However, the F.I.R. was lodged against three accused persons, which include both the petitioners and brother of petitioner no.2, namely, Tuntun Sahani. It was alleged that for the purpose of marriage, accused Tuntun Sahani had kidnapped / abducted the daughter of the informant. It was submitted that during the Medical examination, age of the victim girl was found in between 17 and 18 years. It was further submitted that accused Tuntun Sahani and daughter of the informant were in love and due to that reason, she had voluntarily gone along with accused Tuntun Sahni. However, 2 the F.I.R. was lodged two days after the daughter of the informant was alleged to have been kidnapped. It was submitted that petitioner no.1, the father of the main accused and petitioner no.2 who is brother of the main accused, have committed no offence. It was further submitted that they have been made accused in the present case as they are closely related to the main accused. Sri Ram Priya Sharan Singh, learned Addl.Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. It was submitted that in the statement of victim girl recorded under Section 164 of the Code of Criminal Procedure, the names of the petitioners had surfaced. Be that as it may, in view of the fact that the main accused, namely, Tuntun Sahani had kidnapped /abducted the daughter of the informant for the purpose of marriage, let the petitioners above named 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No.73 of 2010. NKS/- ( Rakesh Kumar, J.)