IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6641 of 2009 1. MIKKI KUMAR @ MICKY KUMAR, S/o Suresh Prasad, resident of Baniyapatti. 2. Vinit Kumar @ Binit Kumar, S/o Basudeo Prasad,resident of Thakurbari. Both of P.S.-Motihari Town,Dist.-East Champaran. Versus STATE OF BIHAR ----------- 02/ 01-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that there was love affair of Raj Kumar with the victim girl may be one sided. She may be major or minor. In the FIR petitioners have been named as friends of Raj Kumar. Victim was recovered also and her statement was recorded under Sections 161 and 164 Cr.P.C. She did not name any of the petitioners, rather she was found, while she was recovered, along with Raj Kumar only. Taking that into consideration, arrest of the petitioners is not justified. I agree with the same. In case of arrest or surrender within one month from today in Motihari Town P.S.Case No.323 of 2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, east Champaran, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )