IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31953 of 2010 1. SARITA DEVI, W/o Ranjit Mahto. 2. Kuldeep Mahto, S/o Late Puran Mahto. Versus THE STATE OF BIHAR with Cr.Misc. No.30188 of 2010 SHEO PUJAN MAHTO, S/o Birien Mahto. Versus THE STATE OF BIHAR ----------- 02. 27.09.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 366A/34 of the Indian Penal Code. It has been submitted that after the victim was recovered she gave her statement under Section 164 Cr.P.C. supporting that he had been kidnapped but she did not allege any sexual assault upon herself. It has further been submitted that in fact the victim and the petitioner Sheo Pujan Mahto had married and they have compromised the matter. In view of such, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 65 of 2010 subject to the following conditions:- (i) That one of the 2 bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Magistrate concerned shall immediately commit the case to the Court of Sessions and the Trial Court shall examine the prosecuterix as first witness and pass necessary orders in view of it as to whether the trial needs to proceed. Vikash/- (Anjana Prakash, J.)