IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52611 of 2008 PARMESHWAR MANDAL , son of late Suraj Mandal, resident of Gadia, P.S.-Sadar, District-Darbhanga-----------------------Petitioner. Versus STATE OF BIHAR with Cr.Misc. No.4228 of 2009 1. DEV KUMAR MANDAL, son of Parmeshwar Mandal 2. Rajesh Mandal @ Rajesh Kumar Mandal, son of Dev Kumar Mandal Both are residents of Gadia, P.S.-Sadar, District-Darbhanga----Petitioners. Versus STATE OF BIHAR ----------- 2. 19.5.2009 Heard learned counsel for the petitioners and the State. Petitioners are not named as kidnappers in a case under sections 365, 366 and other allied sections of the Indian Penal Code rather have been alleged for committing offence under section 3(1)(x) and other sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act in which no cognizance is taken. Co- accused, Shankar Mandal, has mainly been alleged for kidnapping the victim girl along with unknown three others. But while she appeared, she named all the three persons who are no other than son, father and grand-father. The purpose for kidnapping is sexual intercourse. How it can be imagined of having hand of three generations in such act? In the case statement of the victim could be much relevant but while she was kidnapping, her brother was also there to watch the incident of kidnapping. Petitioners are known to the informant’s family members but not named in the F.I.R. as kidnappers. According to the learned counsel for the petitioners, there were some affairs of the victim with Shankar Mandal which after returning under the influence of the family members she deviated - 2 - from the reality making false statement regarding involvement of innocent persons. Even then they are apprehending their arrest which can never be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Sadar P.S. case no.50 of 2008, the above named petitioners of both the petitions shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )