IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19786 of 2010 1.HARENDAR MAHATO 2.Yogendar Mahto, both sons of Binda Mahto, Resident of village Sarmastpur, P.S. Paroo Dist. Muzaffarpur ……..petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners: Mr. Shailendra Kr. Singh, Advocate For the State : Mr. Anil Kumar, A.P.P. ------------ 2 23.6.2010 Heard the parties. The petitioners apprehend their arrest in a case instituted for offences under sections 363 and 365 of the Indian Penal Code. According to the prosecution case co-accused Ajay Mahto @ Bhola is alleged to have kidnapped one Priyadarshani @ Dauli ,daughter of the informant on some false pretext. It is submitted that the petitioners are not named in the FIR as accused. The alleged victim was recovered and her statement under section 164 Cr.P.C. vide annexure-2 was also recorded. It is further submitted that though in the statement of the victim recorded under section 164 Cr.P.C. the petitioners have been named as accused for abetting the crime in question , but on close of investigation accusations against the petitioners were found to be false and they were not sent up for trial in the final form vide Annexure-3. However, learned Magistrate disagreed with the police report and has taken cognizance against the petitioners also. In the aforesaid background particularly in view of the fact that petitioners were not charge sheeted by the police, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of - 2 - Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of J.M. Ist Class, Muzaffarpur in connection with Paroo P.S. Case No. 109 of 2006, subject to the conditions laid down under section 438 (2) Cr.P.C and subject to further conditions: (a) That one of the bailors must be Govt. Servant or close family member of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) The petitioners shall make regular pairvi in the court below in the present case either by appearing themselves or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. ( Birendra Prasad Verma, J. ) M.Rahman