IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27386 of 2010 1. BIKAU MAHTO SON OF KSHATRI MAHTO 2. DEORAJI DEVI WIFE OF KSHATRI MAHTO, BOTH ARE RESIDENTS OF VILLAGE MAHACHHIAIN, P.S. GOPALPUR, DISTRICT WEST CHAMPARAN 3. RUPA DEVI WIFE OF BABUNAND MAHTO 4. BABUNAND MAHTO SON OF LATE DHELA MAHTO, BOTH ARE RESIDENTS OF VILLAGE KHAPTOLA BANKAT P.S. MAJHOULIA, DISTRICT WEST CHAMPARAN – PETITIONERS. Versus 1. STATE OF BIHAR 2. BANARSI MAHTO SON OF LATE BAIDYANATH MAHTO, RESIDENT OF VILLAGE MOHACHHINAIA, P.S. GOPALPUR, DISTRICT WEST CHAMPARAN.—Opp. Party. ----------- 2/ 28.07.2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution for offence under section 365 of the Indian Penal Code. It is submitted that originally an F.I.R. giving rise to Gopalpur P.S. Case No.73 of 2006 dated 14.12.2006 under section 366/34 of the Indian Penal Code was registered in which all the four petitioners were named as accused with allegation that they have abducted the wife of the informant. The case was investigated by the police and accusations against the petitioners were found to be false, leading to filing of final report dated 31.12.2006. Subsequently the protest petition filed by the informant was treated as complaint, and on enquiry cognizance has been taken against the petitioners. 2 It is highlighted by learned counsel appearing on behalf of the petitioners that as a matter of fact, the alleged victim, Asha Devi, wife of the informant/ complainant was recovered and her statement under section 164 Cr. P.C. Vide Annexure-4, was recorded as far back as on 18.12.2006 where she has denied the entire prosecution allegation against the petitioners. She has clearly stated that she had certain quarrels with her husband and, therefore, she had voluntarily gone to her maternal uncle’s house. Taking into consideration the aforesaid facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of four weeks from today, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sri R. Singh, Judicial Magistrate, Ist Class, Bettiah, in connection with Complaint Case No. 481-C of 2007, subject to conditions as laid down under section 438(2) of the Cr. P.C. BTiwary ( Birendra Prasad Verma, J)