IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9223 of 2009 1. BABITA KUMARI alias Sunita Kumari, daughter of late Chauthi Ram 2. Mina Devi, wife of late Chauthi Ram 3. Shanti Devi,wife of Shrawan Ram 4. Ganesh Ram,son of Gulam Ram All resident of village-Harpur,P.S.- Saraiya,District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 03/ 19-05-2009 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. Petitioners have been alleged for kidnapping the informant’s son, for which submission of the learned counsel for the petitioners is that incident is reported after about nine hours because of the reason that earlier a case was lodged for commitment of rape upon petitioner no.1 by the son of the informant. After having knowledge of the filing of the case, this case has been filed only to save the skin. So rightly final form was submitted finding no evidence against the petitioners, even then cognizance has been taken. In any case for the same their arrest cannot be justified. I agree with the same. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Samastipur Mufassil P.S.Case No.407 of 2005, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )