IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11563 of 2010 1. RAM AUTAR MAHASETH, SON OF LATE ROOP LAL MAHASETH 2. GEETA MAHASETH @ GEETA DEVI WIFE OF RAM AUTAR MAHASETH, BOTH ARE RESIDENT OF MOHALLA CHUNA BHATTI, LAXMISAGAR, P.S. UNIVERSITY, DISTRICT DARBHANGA. Versus STATE OF BIHAR . ----------- For the petitioners : Mr. Ajay Kumar Thakur, Advocate. For the State : Mr. Nirbhay Kumar Singh, A.P.P. ------ 2/ 28.04.2010 Heard the parties. The petitioners apprehend their arrest in connection with Madhubani Town P.S.Case No. 303 of 2009 dated 27.10.2009, registered under sections 366- A/364 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that in fact petitioner no.1 is the father-in-law and petitioner no.2 is the mother-in-law of the alleged victim, Sapana, sister of the informant .By referring to Annexure-2 it is alleged that the victim girl, Sapana, voluntarily returned to her house and her statement was recorded under section 164 of the Cr.P.C. on 30.10.2009 by the learned Magistrate, where she has not made any allegation against the petitioner regarding her kidnapping. Only allegation against the petitioners is that the petitioners, being mother-in-law and father-in-law were allegedly making certain demands of dowry. It is further - 2 - highlighted that even if the entire prosecution case is accepted for the time being, though not admitted, then in that case also the offence under sections 366A or 364 of the Indian Penal Code is not made out against the petitioners. Learned counsel for the State, though opposed the prayer for anticipatory bail, has not disputed the aforesaid position. Be that as it may, in the facts and circumstances of the case, in the event of their arrest or surrender in the court below within four weeks from today, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Madhubani Town P.S. Case No. 303 of 2009, subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/