IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23688 of 2010 1. BRAJ KISHORE PASWAN, son of Jageshwar Paswan, resident of village – Karchauliya, P.S. – Siwaipatti, District – Muzaffarpur. 2. Jairam Paswan, son of Ramdeo Paswan, resident of village – Narwara, P.S. – Tariyani, District – Sheohar. ----- Petitioners. Versus THE STATE OF BIHAR ---- Opposite Party ------- 04. 18.11.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary up to paragraph 171 dated 20.05.2010. Petitioners are named accused in this case carry allegation of participation in kidnapping of minor daughter of the informant, who in her statement on affidavit dated 16.02.2010 stated voluntarily conducted marriage with one co-accused Mohan Paswan. No doubt, her statement under section 164 of the Code of Criminal Procedure dated 16.04.2010, she has narrated a different story but it is strange that investigation does not indicate any step taken about her medical examination on the point of physical violation including her age etc. It is submitted that she was not - 2 - medically examined, if it is so, or on such medical examination her age is reportedly around 18 years. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, and till commencement of trial, petitioners, namely, Braj Kishore paswan and Jairam Paswan, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sheohar, in connection with Tariyani P.S. Case No. 21/2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)