IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23803 of 2011 ====================================================== 1. Harischandra Rai, son of Paras Rai. 2. Himanshu Rai, son of Jangbahadur Rai. 3. Asha Devi, wife of Harischandra Rai. 4. Savitri Dei, wife of Jangbahadur Rai. All are residents of Vill. Baithaniya, P.S. Majhaulia, Distt. West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.27087 of 2011 ====================================================== Navin Kumar Rai, son of Harichandra Rai Vill.-Baithaniya, P.S.- Majhauliya,Dist.-West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.23803 of 2011) For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Umanath Mishra, A.P.P. (In Cr.Misc. No.27087 of 2011) For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha No.2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 14-10-2011 Heard. The petitioners in both the cases apprehend their arrest in a criminal prosecution registered under Sections 147, 366A and 364 of the Indian Penal Code. According to the prosecution case, Patna High Court Cr.Misc. No.23803 of 2011 (3) dt.14-10-2011 2 one Angila Kumari, minor daughter of the informant, was allegedly kidnapped by the petitioners. Learned counsel for the petitioners submits that the alleged victim girl has been recovered and her statement under Section 164 Cr.P.C. was recorded on 3rd June 2011 vide Annexure-2. By referring to Annexure-2, it is submitted that the age of the victim girl has been assessed by learned Magistrate between 19-20 years and victim has claimed that she is aged about 20 years. In her statement under Section 164 Cr.P.C., she has contradicted the entire prosecution case. Allegations, as disclosed in the first information report, against all the petitioners stand falsified by the statement of the victim girl. Be that as it may, in the facts and circumstances of the case, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioners are directed to be released on bail in connection with Majhaulia P.S. Case No.121 of 2011 on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Anjani /- (Birendra Prasad Verma, J) Patna High Court Cr.Misc. No.23803 of 2011 (3) dt.14-10-2011 3