IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12465 of 2010 1.MD.NESHAR @ NESHAR ALAM 2.Md. Tarik Anwar 3.Md. Ansar @ Md.Ansar Alam……….Petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners: Mr.Abdul Mannan, Advocate. For the State : Mr. R.B. Roy ‘Raman’, A.P.P. ----------- 2 10.5.2010 Heard the parties. In a criminal prosecution for offences under sections 452, 354, 366/511 besides other minor and bailable offences under the Indian Penal Code, the petitioners are alleged to have attempted to kidnap one Jahana Khatoon, daughter of the informant, and on protest by the alleged victim and one Md. Mustaba @ Guddu, they were assaulted by the accused persons with fists, slaps and lathi etc. Learned counsel for the petitioners submits that apparently the offence under section 366 of the Indian penal Code was not complete as the petitioners are alleged to have merely made an attempt. There is no material for constituting an offence under section 354 of the Indian Penal Code. The injuries sustained by the members of prosecution party have been found to be simple in nature, which hardly constitute an offence under section 323 of the Indian penal Code. - 2 - Be that as it may, in the event of their arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Saharsa in connection with Bakhtiarpur P.S. Case No. 211 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman