IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5324 of 2009 1.SUNDRESH KUMAR @ BABLOO son of Ramchandar Mahto 2.Bibha Devi wife of Rajesh Kumar Singh Both resident of village-Tara Bariarpur. 3. Rajeev Kumar @ Ranjeev Kumar son of Narain Mahto, resident of village-Mushari, All of P.S.-Khodawanpur, Dist.-Begusarai. Versus STATE OF BIHAR ----------- 2. 24.3.2009. Heard learned counsel for the petitioners and the State. The petitioner is an accused of a case which has been registered under section 365/34 of the Indian Penal Code. Informant’s daughter Vibha Devi was married with Rajesh Kumar Mahto in the year 1985. Four children were born out of their wedlock. Vibha Devi was being harassed by her husband and in-laws and she started living in the house of the informant with one children. A maintenance case was filed by Vibha Devi twenty days earlier to this case against her husband. Allegation is that Rajesh Kumar Mahto and 7-8 other persons came to the house of the informant and threatened the informant and went away. Later on Rajesh Kumar Mahto came along with Gopal Krishna Mahto and kidnapped his grand son Sheo Kumar aged about four years. Submission is that the petitioners are not named in the first information report and they have no motive to commit any kidnapping. The victim boy was never kidnapped and was recovered only after four days of the occurrence at Babu Pokhar Chowk in village-Mahisari. Considering the facts and circumstances of the case the - 2 - above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M., Dalsingsarai, district- Samastipur in connection with Ujiarpur P.S.Case No.235 of 2008. Md.S. (Shyam Kishore Sharma,J.)