IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24392 of 2011 1.Mohammad Ahamad @ Ahamad Hussain @ Ahamad Ali. 2.Noor Alam @ Md. Noor Alam. Both Sons of Md. Nijamuddin, Resident of Village Govindpur Dharaha, P.S. Pratapganj, District Supaul. ---------- Petitioners Versus The State Of Bihar. -------- Opposite Party ------------------- 03/- 02.09.2011 Heard Mr. Rakesh Kumar Jha learned counsel for the petitioners and Mr. Damodar Prasad Tiwari learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioners enclosing transfer certificate of the victim stating her date of birth as 12th February, 1992. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under Section 366A read with Section 34 of the Indian Penal Code, are named accused in this case with allegation of kidnapping of minor niece of the informant for ulterior purpose. Submission is that the victim a major girl has herself in her statement recorded under Section 164 of the Code of Criminal Procedure exonerated the petitioners and asserted that she herself planned and left the hosue. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two 2 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No. 82 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)