IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2476 of 2009 1. BINDESHWARI MAHTO, Son of Laxmi Mahto, 2. Gabar Mahto, Son of Bindehwari Mahto, Both resident of Village-Ram Nagar Bairia, Police Station-Nautan, District- West Champaran at Bettiah. . . . . . . Petitioners. Versus STATE OF BIHAR ----------- 6/ 03.07.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 363, 366/34 of the Penal Code. They are named in the First Information Report and petitioner no.2 is alleged to have eloped with the daughter of the informant. Petitioner no.1 is the father of petitioner no.2 and is alleged to have assisted his son in his overt acts. It is submitted on behalf of the petitioners that from the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure as contained in Annexure-2 itself it will appear that she was assessed 18 years old on the date of her statement i.e. 21.11.2008 although she claimed herself to be 22 years old. It is further submitted that since the lodging of the First Information Report i.e. 29.07.2008 till date the petitioners are happily residing with the daughter of the informant. Taking into account such fact, let the petitioners, named above, surrender in the court below within four weeks from today and be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand) each with two sureties of the like amount each to the satisfaction of Chief - 2 - Judicial Magistrate, Bettiah in connection with Nautan P.S. case no. 202 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (V. N. Sinha, J.)