IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.29215 OF 2011 1. BABY KHATOON, DAUGHTER OF SK. KABIR 2. NASRULLAH, SON OF SK. KABIR BOTH RESIDENT OF VILLAGE ALAKHBANI, POLICE STATION KALYANPUR, DISTRICT EAST CHAMPARAN VERSUS THE STATE OF BIHAR ********** 2 30/08/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners apprehend their arrest in a case under Section 366(A)/34 of the Indian Penal Code. The allegation against these two petitioners in the statement recorded under Section 164 of the Code of Criminal Procedure is that they helped Samiullah in kidnapping the victim girl. In fact, the petitioner no. 2 was not named in the statement recorded under Section 164 of the Code of Criminal Procedure. It is submitted that petitioner no. 1 is said to have advised Samiullah to kidnap the victim girl, which statement has been made on the basis of the observations of the victim girl, rather than on the basis of the fact that she had heard petitioner no. 1 giving any advice to Samiullah. Considering the facts aforesaid, the above named petitioners are directed to be released on anticipatory bail in the event of their arrest/surrender 2 before the Court below within a period of six weeks from today in Kalyanpur Police Station Case No. 64 of 2010 on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand ( Sheema Ali Khan, J.)