IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26150 of 2009 1. ABDUL BARI @ DR. ABDUL BARI KHAN, son of late Md. Noordad Khan 2. Jinnat Khanam, wife of Irfan Khan 3. Farhan Khan @ Shah Farhan, son of Abdul Bari @ Dr. Abdul Bari Khan All residents of village-Motipur, at present residing at Hospital Chowk, P.S.- Tajpur, District-Samastipur --------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 24.8.2009 Heard learned counsel for the petitioners, informant and the State. Only stress is made on behalf of the learned counsel for the informant that his daughter is minor. May be some substance there but she is examined under section 164 of the Code of Criminal Procedure stating her age 18 years and assessed 20 years by the Court. There is no difference either she is major or minor as her statement clarifies that she was in love of co-accused Rockey Hasan Khan. Till today she is disappearing even once was handed over to her mother. I also failed to understand that when the couple was so much so affectionate to each other that even after handing over the girl to her mother’s custody, she again disappeared from there. In any case I find no justification in petitioners arrest for the act of the co- accused but one of the petitioners, i.e., petitioner no.3 is said to be minor. He needs better treatment from the Juvenile Justice Board. So his prayer for anticipatory bail is rejected. He is advised to get his age assessed by the Court where the case is pending and pray for appropriate relief from the Juvenile Justice Board. Rest of the petitioners, i.e., above named petitioner nos.1 - 2 - and 2 are allowed anticipatory bail. In the event of arrest or surrender within one month from the date of communication of this order the above named petitioner nos.1 and 2 shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Tajpur P.S. case no.146 of 2009 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )