IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42363 of 2009 1. ABDUL JABBAR, SON OF MD. HABIB. 2. MD. SAJJAD, SON OF BIJO. BOTH ARE THE RESIDENTS OF VILLAGE-THERBA PAR, P.O. KESHAV NAGAR, P.S. CHAUTHAM, DISTRICT-KHAGARIA…………………PETITIONERS. Versus THE STATE OF BIHAR……………..OPPOSITE PARTY. --------- For the Petitioners : Mr. Vivekanand Pd. Singh, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. --------- 2. 8.12.2009. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Sections 366 and 120(B) of the Indian Penal Code. It has been submitted on behalf of the petitioners that the specific allegation of abduction for the purpose of marriage is against Md. Tabrej Alam whereas the allegation against these petitioners is only to the extent that they were present in a room where the alleged marriage took place. “Nikahnama” has also been appended as Annexure-„2‟ to this application. It has also been submitted that there is no allegation against these petitioners either for the abduction of the girl or for arranging or - 2 - managing the marriage rather they were merely present in a room where the marriage allegedly took place. It is further submitted that the complaint case was lodged after 10 days of the alleged date of occurrence. There is counter case also. Petitioner no.1 is stated to be in jail custody since 14.9.2009 whereas the petitioner no.2 since 16.9.2009. Learned counsel for the petitioner produces the certified copy of the statement of the victim girl recorded under Section 164 Cr.P.C. Let the same be kept on record. Learned A.P.P. for the State submitted that this is a case in which minor girl was abducted and forcibly married. The petitioners were present in the room at the time of marriage. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Abdul Jabbar and (2) Md. Sajjad, are directed to be released on bail on their 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, Khagaria, in connection with Chautham P.S. Case No.50 of 2009. P.S. (Dr. Ravi Ranjan,J)