IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41644 of 2008 SERAJUL MIAN @ MD.SERAJUL HUSSAIN SON OF LATE YKUB MIAN RESIDENT OF VILLAGE VIMALPUR,P.S.MEHASI,DISTRICT EACH CHAMPARAN Versus STATE OF BIHAR ----------- 3/ 15.1.2009 Heard learned counsel for the parties. The petitioner apprehends his arrest in a case which has been registered for offences under Sections 366 and some other Sections of the Indian Penal Code in which the informant has alleged that on 28.8.2007 the petitioner and eight others took away his daughter Seema Devi aged about 19 years for the purpose of marriage. Submission is that in course of investigation, the victim girl has been examined under Section 161 and also under Section 164 of the Code of Criminal Procedure and she in her statement under Section 161 of the Code of Criminal Procedure has not alleged anything against the petitioner. She has merely named Shamshad Mian against whom also no overt act is alleged. In her statement under Section 164 of the Code of Criminal Procedure also no overt act has been attributed against this petitioner. Further submission is that the matter was investigated into and the police has ordered for submission of final form against the petitioner and others. In similar circumstances, other co-accused namely, Lakhi alias Noor Jehan Begum, Reyajul Mian, Meheraj Mian, Noor Jaha alias Shayada Khatoon, Aslam Mian and Ash Mohammad, have been granted anticipatory bail on 17.4.2008 in Cr.Misc.7598 of 2008 by a Bench of this Court. Main accused Shamshad Mian has also been granted bail on 26.6.2008 2 Vide Cr.Misc.No.9146 of 2008. Considering the facts and circumstances of the case, this application is allowed and the petitioner is directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Mehasi P.s.Case No. 92 of 2007 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)