IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11464 of 2009 1. SHYAMA DEVI, WIFE OF SHRI ASHOK KUMAR 2. NITU DEVI ALIAS NITU KUMARI, WIFE OF SHRI AJAY PASWAN, BOTH RESIDENTS OF MUHALLA PAKKISARAI ROAD, IN FRONT OF AMAMUDDIN MASJID, P.S. MITHANPURA, DISTRICT MUZAFFARPUR…………………………………PETITIONERS VERSUS THE STATE OF BIHAR…… OPPOSITE PARTY ----------- 4. 03.09.2009 Heard learned senior counsel for the petitioners and learned counsel for the State. The case is under Sections 363A, 366A, 272 read with Section 34 of the Indian Penal Code. The allegation against petitioners is of having enticed away the minor daughter of the informant. In the first information report it has come that the informant came to know that the girl was living with Rajan at Allahabad who happens to be relation of the petitioners and Rajan promised to bring back girl to the informant but he has failed to do so. An apprehension has been raised in the first information report that petitioners and others may put the daughter of the informant in flesh trade. Learned senior counsel for the petitioner submits that in fact, the informant herself was pressurizing the girl to get into - 2 - flesh trade on account of which the girl had earlier also run away from the house. He submits that the girl was traced out somewhere in Asansol and there she was produced before the local Magistrate and the informant after knowing the same, appeared before the Magistrate and claimed to get custody of the girl but the girl refused to come with her mother and, therefore, she was put in the Remand Home. Through supplementary affidavit, an order dated 19.12.2007 passed by the S.D.M., Asansol has been produced as Annexure-4. From the order it appears that the girl was produced before the Magistrate for custody and the court recorded that as per police report, informant had claimed the custody of the girl but the girl was not willing to go with the informant and, therefore, she was put in the Remand Home. Learned senior counsel for the petitioner also submits that the girl might have run away from the house on her own sweet will to escape from pressure of the informant to get into flesh trade and might have married and living with said Rajan happily. The order (Annexure-4) gives some - 3 - credence to the submissions of the learned senior counsel for the petitioner. Considering the submissions of the learned senior counsel for the petitioner and past incidence, as appearing from Anenxure-4 to the supplementary affidavit, the application is allowed. Petitioners, namely, Shyama Devi and Nitu Devi alias Nitu Kumari, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-cum- F.T.C.-1, Muzaffarpur in connection with Sessions Trial No.45 of 2009 arising out of Mithanpura P.S. Case No.162/2008. B.T (J.N. Singh, J.)