IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13496 of 2011 1. Saddam. 2. Raiso. 3. Shamsher @ Md. Shamsir. 4. Akbar. Versus The State Of Bihar ----------- 03 01.07.2011 Heard learned counsels for the petitioners, informant and the State. Petitioners are apprehending their arrest in a case registered under Sections 366A, 341 and 323/34 of the Indian Penal Code. It is alleged by the victim that she was taken away by the petitioners on Auto Riksha by force when the family members of the informant came when the assault took place between the parties. It is submitted by the learned counsel for the petitioners that there was a proposal of marriage between petitioner no. 2 and informant and since the petitioner no. 2 is an illiterate man and the informant was studying in the school, marriage could not take place. This fact has come in para nos. 32, 41 and 42 of the case diary. It is further submitted that there was some dispute between sister of petitioner no. 3 and the sister of informant on the alleged date of occurrence when some scuffle took place. It is also submitted that on the basis of accusation levelled, at best 2 the case is made out under Section 363 of Indian Penal Code. It is submitted by the learned counsel for the informant that the victim was abducted forcibly by the petitioners for the purpose of solemnizing marriage. Considering that F.I.R., was recorded by the victim after her release and in the background of marriage proposal between the parties as admitted by the witnesses in the afore referred paragraphs of the case diary cloud the bonafide of accusation, let the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, 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 learned Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No. 235 of 2010, subject to the condition as laid down under Section 438(2) Cr.P.C. Safik ( Dinesh Kumar Singh, J.)