IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27324 of 2011 1.Mithlesh Devi, W/o Awadhesh Singh @ Manoj Singh. 2.Abhishek Kumar @ Neta Jee, S/o Awadhesh Singh @ Manoj Singh. Both resident of Village Nagariyawan, P.S. Khizersarai, District Gaya. -------Petitioners Versus The State Of Bihar -----Opposite Party ----------------- For the Petitioners :- Mr. Sanjeev Kumar, Adv. For the Informant :- Mr. Ajay Kumar Sinha, Adv. For the State :- Mrs. Renu Kumari, A.P.P. ------------ 03/- 12/10/2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioners apprehending their arrest in connection with a case registered for the offence punishable under Section 366 of the Indian Penal Code, are solitary named accused in this case with allegation of getting the daughter of the informant aged about 17 years kidnapped, who subsequently, recovered at Ranchi. The police after investigation submitted final form exonerating the petitioners, but taking a different view cognizance has been taken. Submission is that petitioners are innocent and have falsely been implicated in this case due to previous enmity. Whereas, the victim though recovered at Ranchi kept remained with police for a few days, but during the period the informant was in regular touch with her. Further, submission is that during such period no attempt was made to record her statement, though, it was recorded roughly after five days when she arrived at Khizersarai police station and during the period whatever she has stated may be at the instance of her father, the informant. Whereas, during the investigation it has come that she has some sweet relationship with another person from whose mobile during the period of her absence she had talk with her family members. After medical examination her age has been found between 18 to 20 years. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Khizersarai P.S. Case No. 77 of 2008, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)