IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2064 of 2009 1. Sanjay Sah @ Sanjay Gupta,S/o. Sri Banarsi Sah 2. Rajvir Sah @ Rajvir Gupta, S/o. Sri Banarsi Sah, 3. Annu Devi W/O. Sri Rajvir Sah @ Rajvir Gupta, All r/o. Mohalla- Shekhpur, P.S. Ahiyapur, Distt. Muzaffarpur, At present residing at Mahavir Asthan, Gola Band Road, P.S. Town, District- Muzaffarpur, Bihar. Versus THE STATE OF BHIAR ----------- 02 08.05.2009 The petitioners apprehend their arrest in Ahiyapur P.S. Case No.45 of 2008, under Sections 363, 366 & 366A I.P.C. Heard. The informant Ram Babu Rai, the father of victim Niyati @ Guddi, alleged that his daughter aged about 16 years had gone out to purchase medicine but she did not return. He also alleged that Sushil @ Babloo Sah used to tease her and he had also threatened to kidnap her. Hence, it was alleged that Babloo along with other F.I.R. named accused had kidnapped his daughter. Referring Annexure-3, the mark sheet of matriculation of the girl, Niyati Kumari, it is pointed out that her date of birth is 05.04.1988 and considering the date of occurrence i.e., 03.02.2008, she was above 19 years of age on that date. Referring Annexure-2, a 2 certificate granted by Baba Baidyanath Mandir Management Board, Deoghar with regard to the marriage of Niyati Kumari with accused Sushil Kumar, it is argued that Niyati had voluntarily married Sushil Kumar in the temple. Under Annexure-4 series, affidavits sworn by Niyati Kumari and Sushil @ Babloo Sah has been filed, wherein they have stated that they have voluntarily entered into marriage. Annexure-5 to the supplementary affidavit is the statement of the girl Niyati Kumari as recorded under Section 164 Cr.P.C. during investigation. In her statement she has stated that she was not kidnapped but she had voluntarily left her house and had married Sushil Kumar @ Babloo Sah and she has also got a female child aged two months out of the wedlock. She has further stated that Sushil Kumar Sah, his father, mother and other family members have been falsely implicated in the case. The petitioner Nos.2 & 3 are the father-in-law and mother- in-law and petitioner No.1 the cousin father-in-law of Niyati Kumari. Mr. S.R. Haque, learned Addl. P.P. does not point out any other material against the petitioners. 3 In the facts and circumstances, petitioners namely, Sanjay Sah @ Sanjay Gupta, Rajvir Sah @ Rajvir Gupta and Annu Devi are admitted to anticipatory bail. They are directed to surrender in the court-below within two weeks from today and on their surrender they 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, Muzaffarpur in connection with Ahiyapur P.S. Case No.45 of 2008 subject to condition laid down under Section 438(2) Cr.P.C. Mkr. (C.M. Prasad, J.)