IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27345 of 2011 1.Chunnu Goswami @ Chunna Kumar Goshwami. 2.Banti Goswami. Both Sons of Shrawan Goswami. 3.Shrawan Goswami, Son of Sita Ram Goswami. 4.Rita Goswami, Wife of Shrawan Goswami. All Residents of Village Warisaliganj, Maffi Gali, P.S. Warisaliganj, District Nawadah. ---------- Petitioners Versus The State Of Bihar -------- Opposite Party ------------------ 02/- 12/09/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioners. All the four petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 364, 363, 384/34 of the Indian Penal Code and Section 3 X of the SC/ST Act, are named accused in this six years old case relating to kidnapping of minor son of the complainant. Submission is that parties are neighbours and just in retaliation of earlier filed case i.e. Warisaliganj P.S. Case No. 77 of 2003 instituted at the instance of petitioner no. 4, wherein, the complainant has already been convicted, the instant case is filed. The said victim boy as is evident from the statement of the witnesses examined during enquiry was seen sometime after the alleged occurrence, but for the reasons best known to the prosecution side, he has also not been examined before the court holding enquiry. Moreover, the case appears squarely covered under a decision of Hon”ble Apex Court in a case of “Jorgia Pentiah Vs. State of Andhra Pradesh reported in 2009 (1) BCCR 153 (SC)”. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Nawadah, in connection with Complaint Case No. 204(C) of 2005, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to petitioner nos. 1, 2 & 3 (male members) to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)