IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9649 of 2008 1. FANI NATH PATHAK @ PHANI NATH PATHAK & 2. SEEMA PATHAK @ SIMA KUMARI VERSUS THE STATE OF BIHAR ----------- 2. 02.5.2008. Heard learned counsel for the petitioners and learned counsel for the intervenor. The case, according to the first information report, is of kidnapping of a major lady. The major lady has submitted that she is the married wife of Petitioner no. 1. During the course of investigation, the informant has made the Investigating Officer to believe, which has come on the case diary, that the lady is of weak mind. It is shameful on the part of the investigating authority of being influenced by the complainant and to bring on the case diary irrelevant materials. Unless the person concerned, who is a major, is declared to be insane by a competent court of law, being such a major person, the person concerned, as a citizen of this free country, has every right to live the way he or she decides to live. Because the father does not approve the marriage solemnized by the daughter of her free-will, false cases lodged at the instance of the father keep the interested police busy for unjust - 2 - reasons and wastes precious time of the Court. This practice should be shun for all times to come. Having regard to what has been stated above, a case has been made out for grant of anticipatory bail and for many other things, but having regard to the fact that the prayer in the present application is confined only to anticipatory bail, I allow the said prayer. The application succeeds. In the event of arrest or surrender of the petitioners within six weeks from today, the petitioners, namely, Fani Nath Pathak @ Phani Nath Pathak and Seema Pathak @ Sima Kumari shall be released on bail on their furnishing bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Gaya Civil Lines P.S. Case No. 69/07 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Proceducre. dk ( Barin Ghosh, J. )