IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11023 of 2010 1. CHITRANJAN PASWAN,son of Ganesh Paswan 2. Vikas Bind @ Vikas Kumar Nirala,son of Shyamdeo Bind. Both are residents of village- Jhunathi Khurd,P.S.-Parasbigha,District- Jehanabad. .. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 23-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Parasbigha P.S.Case No.05 of 2009 dated 29-01-2009, registered under Sections 366/366A/34 of the Indian Penal Code. According to prosecution case, one Rajni Kumari @ Rajni Gandha, grand daughter of the informant, was kidnapped by the petitioners. During course of investigation, the alleged victim girl, Rajni Gandha, was recovered and her statement was recorded under Section 164 Cr.P.C. vide Annexure-2 on 2nd February, 2009, wherein she has denied the allegation of her kidnapping by the petitioners or any other accused persons. The age of the alleged victim girl has been assessed to be 18 years by the learned Judicial Magistrate and she has clearly stated that she had married with petitioner no.1, Chitranjan Paswan. The alleged victim girl was examined by the Medical Board also, where her age was assessed about 17-18 years. On close of investigation, police has submitted final report as a mistake of fact and petitioners have not been charge sheeted in the present case. However, the learned Magistrate disagreed with the police report and has taken 2 cognizance against the petitioners and, therefore, they have reasonable apprehension of their arrest. Taking into consideration the aforesaid facts and circumstances of the case and taking into consideration the statement of the victim girl, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of Sri Ravi Ranjan, Ist Class, Judicial Magistrate, Jehanabad, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)