IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18167 of 2008 SARWAR ALAM & ANR Versus STATE OF BIHAR & ANR ----------- 3 25.07.2008 Heard the learned counsels for the petitioners and the State. Petitioners are apprehending their arrest in Jokihat P.S.Case No. 30 of 2007 for the offences alleged to have been committed under section 366(A)/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that on perusal of the allegations levelled in the first information report it would appear that the allegation against these petitioners and his brother Md. Rahbar as well as the father of these petitioners namely Md. Hasim is that they all have taken away the daughter of the informant who was a minor. It is further submitted that on perusal of the voter list as also the affidavit sworn in by the victim girl as contained in Annexure-3 (series), it would appear that the girl was major and left the place of her father on her own accord. On perusal of the affidavit it further appears that she has married the co-accused Md. Rahbar at Delhi. Therefore, the submission is that offence if at all there be any, as alleged, is against Md. Rahbar and not against these two petitioners or their father, who has been granted bail by this Court as per the order dated 01.05.2008 passed in Cr. Misc. No. 16142 of 2008, and as such, in the facts and circumstances, petitioners be granted the privilege of anticipatory bail. On the other hand, Mr. Sanjay Kumar Sharma, learned - 2 - counsel appearing for the informant submits that the victim girl was minor and the affidavit filed in this case as contained in Annexure-3 (series) is not correct. It is further submitted that a criminal writ vide Cr.W.J.C.No. 562 of 2007 has been filed by the victim girl in this court with prayer that the criminal proceedings initiated against her husband, Md. Rahbar Alam and others, who are accused in this case be quashed. In the said case a counter affidavit has been filed to the effect that the girl is minor. Learned Addl. P.P. appearing for the State submits that the allegations are against these two petitioners, their father and brother Md. Rahbar Alam and their father has been granted bail by this Court. Considering the submissions as noticed above and on perusal of the first information report as well as the averments made in the petition as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners namely, Sarwar Alam, Naiyar Alam @ Md. Naiyar Alam be released on bail 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, Araria in connection with Jokihat P.S.Case No. 30 of 2007 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)