IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31400 of 2009 1. SONU KUMAR, Son of Umesh Prasad, Resident of Village Dariyapur, P.S.-Islampur, District-Nalanda at present P.W.D. Colony Parisar, P.S.-Buxar, District-Buxar. 2. Bijay Kumar, Son of Late Nageshwar Prasad resident of Village Arjunpur, P.S.-Buxar, District-Buxar. Versus THE STATE OF BIHAR ----------- 02. 15.09.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 156(3) of Cr.P.C. Taking into consideration the statement of the girl, Sanju Kumari who herself stated under Section 164 Cr.P.C. that she went with the son of the petitioner No. 2 on her own sweet-will and had married him, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 178 of 2009 on the condition that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. - 2 - The learned Magistrate is directed to immediately comply with the provisions of Section 207 Cr.P.C. and thereafter the trial court will consider whether on the facts of the case under Section 366 is made out or not, in case, the trial court is of the view that taking into consideration the statement of the girl under Section 164 Cr.P.C. that no offence whatsoever is made out the petitioners and other co-accused persons the Court will consider whether the accused should be discharged from the liability of the trial. Vikash/- (Anjana Prakash, J.)