IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12254 of 2010 1. Indu Devi, W/o Pachkouri Singh. 2. Rakesh Singh, S/o Pachkouri Singh. Both resident of Village- Purana Bhojpur, P.S. Naya Bhojpur (Dumraon), District-Buxar. 3. Bikrama Rai @ Chhedi Rai, son of Ramchandra Rai, Resident of Village- Brahmpur (Dakshintola) P.S. Brahmpur, District- Buxar……………….Petitioners. Versus The State of Bihar ………………….Opposite Party. For the petitioners :- Mr. B. J. Ojha, Advocate. For the State :- Mr. R. B. Roy ‘Raman’, A.P.P. ----------- 2. 06. 05. 2010. Heard the parties. In a criminal prosecution for offences under Section 366 A/34 of the Indian Penal Code, the petitioners are alleged to have kidnapped one Sarita Kumari, minor niece of the informant. During the course of investigation, the alleged victim Sarita Kumari was recovered and her statement was recorded under Section 164 Cr.P.C. vide Annexure-2 on 25th August, 2009. In her statement under Section 164 Cr.P.C. vide Annexure-2 the alleged victim has denied the entire prosecution allegation and has stated that she had voluntarily gone to Buxar in the company of these petitioners for watching movie and thereafter, she was married with one Bharat Singh. She has admitted that she was living with Bharat Singh. She has further expressed her willingness to live with Bharat Singh as his wife. The allegation against these petitioners stands contradicted and falsified by the statement of alleged victim. Even according to the medical report vide Annexure-4, her age was assessed between 17 ¼ to 18 ¼ years. Therefore, she appears to be 2 major. Be that as it may, in the event of their arrest/surrender in connection with Dumraon P.S. Case No. 124/09 within a period of four weeks from today, the petitioners, namely, Indu Devi, Rakesh Singh and Bikrama Rai @ Chhedi Rai shall be enlarged 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, Buxar, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)