IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12987 of 2009 Suresh Sah son of Dhari Sah of vill Raghopur, P.S. Chiraiya, Distt. East Champaran Versus STATE OF BIHAR with Cr.Misc. No.12988 of 2009 1. Vishundeo Sah son of Late Yogendra Sah 2. Chandradeo Sah son of Yogendra Sah 3. Prabha Devi wife of Chandradeo Sah 4. Manoj Sah son of Chandradeo Sah, all of vill.- Jamua, P.S. Dhaka, Dist. East Champaran Versus STATE OF BIHAR ----------- 02/ 28.08.2009 Heard learned counsel for the petitioners and the State. Petitioners in both the applications are apprehending their arrest in connection with a case registered for the offence under Sections 363, 366A/34 of the Indian Penal Code. It is alleged that the daughter of the informant, Allauddin eloped with Vishundeo Sah and they having married during their sojourn to Assam, are living as man and wife in the village. It is submitted on behalf of the petitioners that on the date on which the daughter of Allauddin eloped with Vishundeo Sah, she was adult and the offence alleged is not made out. Let the petitioner Vishundeo Sah and the daughter of Allauddin, the informant, namely, Guddi Begum appear in the court below within four weeks from the date of receipt of this order in the court below and thereafter the court below may 2 examine both of them and if both Vishundeo Sah and Guddi Begum, as per the visual estimation of the court below, are adult on the date of elopement then petitioners, namely, Vishundeo Sah, Chandradeo Sah and Prabha Devi be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of Sri M. Kumar, Judicial Magistrate 1st Class, Sikarahana at Motihari, East Champaran in connection with Dhaka P.S. Case No. 61 of 2005, subject to the conditions as laid down under Section 438(2) Cr.P.C. Until such verification, no coercive steps be taken against them. So far petitioners, namely, Suresh Sah and Manoj Sah are concerned, they be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of Sri M. Kumar, Judicial Magistrate 1st Class, Sikarahana at Motihari, East Champaran in connection with Dhaka P.S. Case No. 61 of 2005, subject to the conditions as laid down under Section 438(2) Cr.P.C. even otherwise as they are not named in the First Information Report. Arjun/ ( V.N. Sinha, J.)