IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27797 of 2008 MINA DEVI W/O-Kanhaiya Kumar Rout @ Kanhaiya Rout KANHAIYA KUMAR ROUT @ KANHAIYA ROUT Both R/O-Village-Bangaon, P.S.-Bajpatti, Distt.-Sitamarhi. …………………………………………..Petitioners. Versus STATE OF BIHAR ----------- 5/ 09.01.2009 Supplementary affidavit has been filed. Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. Out of three petitioners one has been arrested so prayer for anticipatory bail of Ashok Rout was dismissed as infructuous vide order dated 20.10.2008. Mina Devi and Kanhaiya Kumar Rout @ Kanhaiya Rout apprehend their arrest in a case which has been registered under Sections 363, 366(A) of the Indian Penal Code. The occurrence is of 1st May, 2007 and the police has been informed through a written application on 24th of May, 2007 by the informant Chandrakala Devi whose minor daughter Ruchi Kumari was found missing. She suspected that she might have been taken away by the petitioners and she was kept up to Rinku Kumar. Submission is that the petitioners are not concerned with the alleged offence they are merely family members of Rinku Kumar. The victim has already - 2 - married with Rinku Kumar and given birth to a child. She is a major lady. She has filed a petition before Chief Judicial Magistrate, Sitamarhi in which she has prayed that her statement under Section 164 Cr.P.C. should be recorded. Considering the facts and circumstances of the case, let the above named petitioners are directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on their so surrendering they shall be enlarged 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 Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 267 of 2007, subject to the condition as laid down under Section 438(2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)