IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35061 of 2010 1.Md.Naushad son of Md.Jiyauddin 2.Md.Jiyauddin son of Late Md.Wajid, both resident of village Laxmipur Bhagwati, P.S. Srinagar, District- Madhepura …………. Petitioners Versus The State Of Bihar …………. Opp.Party ----------- 2. 07/10/2010 Heard learned counsel for the petitioners and learned counsel for the State. Case is under section 366(A) read with 34 of the Indian Penal Code. The so called kidnapped girl was recovered and her statement was recorded under section 164 of the Code of Criminal Procedure, a copy whereof is Annexure-2. In her statement, she has completely denied to have been kidnapped and said that due to some differences between these petitioners and the informant, as petitioner no.1 happened to be son-in-law of the informant, case has been instituted. Petitioners are in jail since 16.7.2010. Considering the said statement of the victim girl made under section 164 Cr.P.C., this application is allowed. Let both the petitioners, namely, Md.Naushad and Md.Jiyauddin be enlarged on bail on 2 furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Sri Nagar P.S.Case No.20 of 2010 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. Pradeep/ ( J. N. Singh,J.)