IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17682 of 2010 1. RUBY KUMARI @ RUWA KUMARI @ Devi 2. Chamru Mukhiya 3. Sikandar Mukhiya 4. Sanjula Devi 5. Anita Devi Versus STATE OF BIHAR . --------- 2. 20.5.2010. Heard learned counsel for the petitioner and learned counsel for the State. The petitioners herein have been made accused in a complaint case which was subsequently registered under Section 156(3) of the Code of Criminal Procedure giving rise to the Bakhtiarpur P.S.Case No.129 of 2009 for the offences punishable under Section 323, 341, 379, 364 and 406 of the Indian Penal Code. It is alleged that the son of the informant was married to the petitioner no.1 Rubi Kumari and who along with the said petitioner, had come to visit his Sasural on 21.3.2009 and had not returned back. It is alleged that when the informant went to inquire about his whereabouts, he was assaulted by the accused persons giving rise to the present case. Learned counsel for the petitioner submits that no offence under either of the sections is made out against the petitioners. He further 2 submits that the present case arising from Complaint case no.560 of 2009, in fact, is retaliatory case to the case earlier filed by petitioner no.1 bearing Complaint Case No.460 of 2009. He thus submits that it was petitioner no.1 who had earlier instituted the case against the son of the informant and others alleging her kidnapping and the present case is a counter blast to the earlier case. He further submits that as per the statement of the informant himself, his son had come to visit on his own volition and thus, the allegation of kidnapping is without any basis. He submits that all the ladies of the house have been implicated in the case and that the informant has not even spared the grand father who is petitioner no.2 in the present case. Taking into consideration the submissions of the learned counsel for the petitioner, let petitioners (1) Ruby Kumari alias Ruwa Kumari alias Devi, (2) Chamru Mukhiya (3) Sikandar Mukhiya (4) Sanjula Devi and (5) Anita Devi be released on anticipatory bail in the event of their arrest/surrender within four weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) each to the satisfaction of the Chief 3 Judicial Magistrate, Saharsa in connection with Bakhtiarpur P.S.Case No.129 of 2009, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure. The petitioners herein would cooperate with the proceeding of the court below and would be attending the court on each and every date and failure on their part in attending the court on two consecutive dates, would entitle the court below for initiating a proceedings for cancellation of their bail bonds and for taking them into custody. ahk (Jyoti Saran, J.)