IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43243 of 2009 1. BABY DEVI, W/O SHAMBHU KUAR @ SAMBHU KUWAR, R/O-VILLAGE- GARAULI, POLICE STATION-MOHAMMADPUR, DISTRICT-GOPALGANJ, AT PRESENT-D/O-LATE HARINANDAN SINGH, R/O-VILLAGE-SHANKARPUR, POLICE STATION-BAIKUNTHPUR, DISTRICT-GOPALGANJ. 2. PAPPU SINGH, SON OF LATE HARINANDAN SINGH, R/O-VILLAGE- SHANKARPUR, POLICE STATION-BAIKUNTHPUR, DISTRICT-GOPALGANJ. …..Petitioners. Versus THE STATE OF BIHAR …..Opposite Party. WITH Cr.Misc. No.43190 of 2009 BIGAM SINGH, SON OF LATE KAMAL SINGH OF VILLAGE-RAMGARH, POLICE STATION-BAIKUNTHPUR, DISTRICT-GOPALGANJ. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Naresh Dikshit and Mr. Javed Aslam. For the State : Dr. Indiwar Kr. APP ----------- 03/ 28.01.2010 Since both the above bail applications have arisen out of one occurrence i.e. Baikunthpur P.S. Case No. 126 of 2009 under Section 364/34 of the Indian Penal Code regarding kidnapping of the informant’s father Lal Deo Singh, are heard together and are being disposed of by this common order. On behalf of petitioner Baby Devi, it has been submitted that they are not named in the First Information Report. In course of investigation, they have been roped on the basis of that they were holder of the mobile which was utilized in falicitation of commission of crime. The petitioner has submitted that this mobile was never used and 2 it is a common mobile available everywhere. On behalf of petitioner Bigam Singh, it has been submitted that the informant filed a petition by way of protest before the Chief Judicial Magistrate, Gopalganj and he has named only four persons namely Kameshwar Singh, Madhu Sudan Singh, Kunal Singh and Ram Ashray Singh and he has not named the Bigam Singh. The learned Sessions Judge has committed error of record in the mentioning that the petitioner was a man of criminal background rather it has been submitted that the Paragraph upon which the Sessions Judge has relied shows that the petitioner is a man of fair antecedent. Considering the facts and circumstances of the case, the above named petitioners are directed to be released from custody on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj/concerned court in connection with Baikunthpur P.S. Case No. 126 of 2009. kksinha/ ( Shyam Kishore Sharma, J.)