IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10159 of 2009 1.BALDEO MANDAL SON OF LATE CHAMRU MANDAL 2.SHANTI DEVI WIFE OF BALDEO MANDAL 3.MIRA DEVI @ MINA DEVI WIFE OF DILIP KUMAR MANDAL ALL RESIDENT OF VILLAGE BAIDA,P.S.KADWA,DISTT.KATIHAR Versus STATE OF BIHAR ----------- 3/ 12.5.2009 On 1.5.2009, this case was adjourned to enable learned counsel for the complainant to file counter affidavit. Today no body appears on behalf of the complainant when the case is called out. Heard learned counsel for the petitioners and learned Addl.P.P. The petitioners are accused in a complaint case which has been filed for offence under Section 363 of the Indian Penal Code. Besides these petitioners, Dilip Kumar Mandal is also a named accused. Complainant’s daughter married with Dilip Kumar Mandal was blessed with three children. Allegation is that the accused persons demanded cash, T.V. and one motorcycle. On failure to procure, she was being subjected to torture for which Kadwa P.S.Case No. 149 of 1995 and also Maintenance Case No. 76 of 1995 were filed by the daughter of the complainant but both the matters were compromised. Later on complainant’s daughter was brought to the house of her in-laws. Thereafter, her husband filed a Matrimonial Suit under Section 9 of the Hindu Marriage Act. Allegation in the complaint is that the complainant’s daughter was made traceless by all the accused persons. Submission is that the complainant’s daughter 2 has not been kidnapped, rather she has been kept by her parents. It is stated that this matter was enquired into upon the direction of Chief Judicial Magistrate, Katihar and the Officer-in-charge of concerned police station reported that the complainant has filed the false case. Further submission is that co-accused Dilip Kumar Mandal who is husband of the complainant’s daughter has been granted bail by a Bench of this court on 21.2.2008 Vide Cr.Misc.No. 48345 of 2007. Considering the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri V.Sinha, Judicial Magistrate, Ist Class/concerned court, Katihar in C.A.No.2268 of 2004. Tahir/- ( Shyam Kishore Sharma, J.)