IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37794 of 2009 1. LALMUNI RAM S/O LATE PHAGU RAM VILL. KRITPURA, P.S BUXAR (M), DISTT. BUXAR 2. SHIV MANGAL RAM S/O LALMUNI RAM VILL. KRITPURA, P.S BUXAR (M), DISTT. BUXAR 3. SUDHA DEVI W/O LATE RAJ KUMAR RAM VILL. KRITPURA, P.S BUXAR (M), DISTT. BUXAR Versus THE STATE OF BIHAR ----------- 02 27.11.2009 Heard both sides. Petitioners, who are maternal grand father, maternal uncle and mother of the main accused, namely, Bipin Ram, have approached this Court seek anticipatory bail in a case instituted under Section 366 of the Penal Code. Allegation is that co-accused Bipin Ram kidnapped/enticed away the minor girl of the informant. It is further alleged that these petitioners assisted aforesaid co- accused. It is submitted that upon conclusion of investigation the police did not send the present petitioners up for trial. The Court, however, differing with the report has taken cognizance. Learned counsel for the petitioners further draws attention of the Court to the statement of the girl recorded under Section 164 of the Cr.P.C. ( annexure-4), wherefrom it appears that she has admitted that she married with aforesaid Bipin Ram on her own volition. It appears from annexure-5, that the age of the girl has been assessed between 18 to 19 years. Learned counsel for the informant, on the other 2 hand, submitted that as per the matriculation certificate, the victim girl is around 17 years of age. Be that as it may, in the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioners. In the event of arrest or surrender before the Court below within a period of four weeks from today, petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Buxar in connection with Buxar ( M) P.S. Case no. 22 of 2009, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. This order is subject to further condition that no sooner the case reaches up to the level of framing of charge(s) the petitioners shall appear in person before the Court below on the date fixed at the trial. In case of default on two consecutive dates, the trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)