1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3139 of 2009 1. SANTOSH BAITHA, S/o. late Guddi Baitha, 2. Suman Devi, W/o. late Guddin Baitha, 3. Puja Kumari, D/o. late Guddi Baitha, All are r/o. village Nechua Jalalpur, P.S. Kuchaikote, Distt. Gopalganj. Versus THE STATE OF BIHAR ----------- 02 22.05.2009 Petitioners Suman Devi is the mother and Puja Kumari is the sister of petitioner Santosh Baitha. All apprehend their arrest in Kuchaikot P.S. Case No.127 of 2008 under Section 366/34 of the I.P.C. Heard. Bidyawati Devi, the mother of Sima Kumari alleged in the F.I.R. that the petitioner-accused had enticed away and kidnapped her minor daughter Sima Kumari for the purpose of marrying her with petitioner Santosh Baitha and that when she verified about the occurrence with the petitioners they threatened her. Learned counsel for the petitioners submits that the impugned anticipatory bail rejection order of learned Sessions Judge shows that the girl had turned up before the Court and the Court has assessed her age as 18 years and she had stated before the Court that she had voluntarily married petitioner Santosh Baitha and she was 2 pregnant carrying pregnancy of his child. Learned counsel says that Sima Kumari is still living in the family of Santosh Baitha. In the facts and circumstances, petitioners above named are admitted to anticipatory bail. They are directed to surrender before the court-below within two weeks from today and on their surrender they will be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Kuchaikot P.S. Case No.127 of 2008 subject to condition laid down under Section 438(2) Cr.P.C. Mkr. (C.M. Prasad, J.)