IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12666 of 2010 1. SANDEEP KUMAR SINGH,s/o Ram lakhan Mahto(Singh),resident of village- Gobaraura, P.S.-Khajouli,District- Madhubani. 2. Rajesh Kumar Singh,s/o Shri Ghuran Singh, resident of village Datuar,P.S.-Khajuli, District-Madhubani. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Mr.Sunil Kumar Singh, Advocate For the State :Mr.Abhimanyu Sharma, Addl.P.P. ----------- 02/ 12-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 366, 498 and some other allied offences of the Penal Code, the petitioners are alleged to have kidnapped one Sudhira Devi, daughter of the informant for the purpose of marriage. During the course of investigation, alleged victim-Sudhira Devi was recovered and her statement under Section 164 Cr.P.C. vide Annexure-2 was recorded on 05-09-2007, wherein her age has been assessed to be 21 years. In her statement under Section 164 Cr.P.C., the alleged victim has clearly stated that she was having love affairs with petitioner no.1 and subsequently she solemnized her marriage in court and thereafter she has been living with him happily. She has clearly stated that she was not kidnapped/abducted by any body including the petitioners. On the basis of the materials collected during the course of investigation, the police submitted final form only under 2 Section 494 of the Penal Code. Accusation under Section 366 and other offences of the Penal Code were found to be not supported by the independent witnesses. However, the learned Magistrate disagreed with the police report vide Annexure-5 and has taken cognizance against the petitioners under Sections 366, 498, 494/34 of the Penal Code. Be that as it may, in view of the fact that the alleged victim has not supported the prosecution case of kidnapping, in the event of arrest/surrender within a period of four weeks from today in Khajouli P.S.Case No.77 of 2007, G.R.No.772/2007, 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 Shri S.K.Mishra, Judicial Magistrate, Ist Class, Madhubani, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)