IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11232 of 2009 1. MINTU THAKUR, son of Yogendra Thakur, resident of village- Dadhiya, P.S.-Kamtaul, District-Darbhanga 2. Krishnadeo Thakur, son of Prameshwar Thakur, resident of Shrirampur Pipra, P.S.-Bahadurpur(Patauna O.P.). District-Darbhanga, presently posted as Shiksha Mitra, Primary School, Dadhiya, P.S.- Kamtaul, District-Darbhanga---------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 16.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that petitioners love affairs with informant’s daughter has been made a ground for kidnapping case that also of a minor girl while the victim is a major one. She was examined under section 164 of the Code of Criminal Procedure by a Magistrate in which her age is assessed as 24 years and she has also stated her age to be 24 years. In her statement she has also stated about marrying petitioner no.2 even followed by love affairs and not a case of kidnapping. In my view, petitioners arrest cannot be justified. Accordingly, in the event of arrest or surrender within one month from today in Kamtaul P.S. case no.142 of 2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )