IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32077 of 2010 1. SUBANSH MUKHIYA @ SUBHASH MUKHIYA, SON OF LAXMI MUKHIYA 2. SANJAY MUKHIYA, SON OF LAKHAN MUKHIYA @ BEHRU MUKHIYA 3. PRIYABRAT MUKHIYA, SON OF O.P. MUKHIYA 4. GHOLAT MUKHIYA, SON OF AAMIR MUKHIYA, ALL RESIDENT OF VILLAGE KARUA, P.S. SIMRIBAKHTIYARPUR, DISTRICT SAHARSA. ---- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 7.10.2010 Petitioners are apprehending their arrest in a case under Sections 366-A, 323, 457, 448, 380 and 406/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no. 1 was kidnapped by some anti social elements and was forced to marry the victim of the present case. Thereafter the present case has been instituted. The earlier case is numbered as Bakhtiyarpur P.S. Case No. 120 of 2009. Learned counsel for the petitioners further submits that the petitioners are not in a position to annex the First Information Report to substantiate their case. It is pointed out that the tenor of the First Information Report alleging therein that the petitioners entered the house and committed theft and at the same time kidnapped the minor girl appears to be false. Considering all these aspects, I remand the matter back to the Sessions Judge, Saharsa to call for the First Information Report and diary of Bakhtiyarpur P.S. Case No. 120 of 2009. Till disposal of the bail application of Bakhtiyarpur P.S. Case No. 130 of 2009, no coercive steps shall be taken 2 against the petitioners. This application is disposed of with the aforesaid observations. Counsel for the petitioners is permitted to deposit the cost of FAX for communicating this order to the Court of the Sessions Judge, Saharsa. Sanjay ( Sheema Ali Khan, J.)