IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1519 of 2010 1. Md. Tauheed, son of Late Wajid Ali, 2. Md. Asif, son of Md. Tauheed, 3. Md. Wasuque, son of Md. Tauheed, 4. Md. Rashid, son of Md. Tauheed, all of Lahtora, PS Araria, District Araria – petitioners. Vs The State of Bihar. 2 15.3.2010 Heard learned counsel for the petitioner, the counsel appearing on behalf of the State and the informant. The petitioners apprehends their arrest in a case under section 364 of the Penal Code. The allegation is that petitioner no.4 Md. Rashid had asked Khurshid to accompany him to meet his father and his father wanted some work from him. All this was done in the background of the fact that there is enmity between both the families. In 2002 a case under section 376 of the Penal Code was filed by daughter of petitioner no.1 against the complainant. After that the complainant filed another case against petitioners vide Annexure 4 which was found to be false and now the present complaint has been filed after three days of the occurrence under section 364 of the Penal Code alleging that the petitioners have kidnapped Khurshid. Counsel for the informant submits that the witnesses have said that the boy was last seen with the petitioners whereas counsel for the petitioners submits that there has been a deliberate attempt to file a complaint case, because if the matter was investigated by the police, it would have been found that the case is palpably false. It is further submitted that there can be no justification for Khurshid to 2 accompany petitioner no.4 as there was so much bad feeling between the two families. Be that as it may, the petitioners are directed to be released on anticipatory bail in the event of their arrest or surrender within six weeks in Complaint Case No.503C/2009 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, subject to the conditions laid down under section 438(2) Cr.P.C. haque (Sheema Ali Khan, J.)