IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39640 of 2011 1. Fuleshwari Devi @ Hulesi Devi D/o Ramashish Paswan 2. Umesh Paswan S/o Chandradeep Paswan Versus The State Of Bihar ---------------------------------- 2. 16.12.2011 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 366(A) of the Indian Penal Code. Considering that the alleged victim stated in her statement u/s.164 Cr.P.C. that it was not a case of kidnapping, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned C.J.M., Jehanabad in connection with Mehendia P.S. Case No.80 of 2011, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (iii) That the - 2 - petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Magistrate concerned is directed to immediate commit the case to the Court of Sessions and the Court of Sessions is thereafter directed to pass necessary orders as to whether any offence is made out against the accused persons in the light of statement u/s.164 Cr.P.C. and age of the alleged victim. Narendra/ ( Anjana Prakash, J. )