IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51517 of 2008 1. CHANDAN PASWAN Son of Late Ramdeo Paswan 2. Chandni Devi Wife of Chandan Paswan Both Resident of Village- Parmanandpur, P.S. Muffasil, District- Khagaria ------------------- Petitioners. Versus STATE OF BIHAR --------------- Opposite Party ----------- 2. 30.1.2009 Heard counsel for the petitioners, counsel for the informant and the counsel appearing on behalf of the State. The petitioners are accused in a case under Sections366A/34 of the Indian Penal Code. The prosecution case in brief is that one Kamal Paswan is said to have forcibly taken away the victim girl with him for the purpose of marriage. Learned counsel for the petitioners draws the attention of this Court to an order sheet dated 11.8.2008 recorded by the Chief Judicial Magistrate, Madhepura wherein he had stated that a boy Kamal Paswan and Deepa Kumari had run into the Court room while he was hearing a case and asked for protection. The Chief Judicial Magistrate recorded the statement of the boy and the girl. Deepa Kumari stated before the C.J.M. that she had come along with Kamal Paswan to get married at Madhepura and her relatives came to the Court and were forcibly dragging her away. Counsel appearing on behalf of the informant on the other hand relies on the statement laid down under Section 164 Cr.P.C. which has been recorded on 18.8.2005 when the girl was in custody of her parent wherein she had alleged that these petitioners who are uncle - 2 - and aunt of Kamal Paswan were also in the car with him when he pulled Deepa Kumari in the car. In reply learned counsel for the petitioners submits that the statement given under Section 164 Cr.P.C. was recorded under pressure and that the first statement made before the Chief Judicial Magistrate tells a different story. Be that as it may, the petitioners Chandan Paswan and Chandni Devi are directed to be released on anticipatory bail in the event of their arrest/surrender before the Court below within a period of four weeks in connection with Khagaria (Muffasil) P.S. Case No. 389/2008 on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)