IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23160 of 2010 1. SHIV SHANKAR YADAV SON OF LATE PARMESHWAR YADAV 2. URMILA DEVI WIFE OF SHIV SHANKAR YADAV 3. RAM BAHADUR YADAV SON OF SHIV SHANKAR YADAV, ALL ARE RESIDENTS OF VILLAGE HATI NARPAT NAGAR, P.S. SAKRI, DISTRICT MADHUBANI. ---- PETITIONERS. Versus STATE OF BIHAR --- OPP. PARTY. ----------- 2/ 28-07-2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution for offence under section 368 of the Indian Penal Code, which is based on a complaint petition. It is submitted that for the alleged kidnapping of one Punam Devi, daughter of the complainant Lalmuni Devi, earlier an F.I.R. was lodged on 11.05.2009, Vide Annexure-2, for offences under section 363 and 366A of the Indian Penal Code by one Mangal Yadav, who happens to be uncle of the alleged victim. In the aforesaid F.I.R. main allegation of kidnapping is against one Arun Yadav son of petitioners no. 1 and 2 and brother of petitioner no.3. In the aforesaid F.I.R. the petitioners are not named as accused. It is further submitted that during the course of investigation it transpired that alleged victim Punam Devi has solemnized marriage with the aforesaid accused Arun Yadav . The alleged victim girl was recovered and she was examined by a Medical Board. As per report of the Medical Board, vide Annexure-3, she was assessed to be 2 aged about 20 years. The present complaint petition, vide Annexure-1, appears to have been filed belatedly on 03.11.2009 wherein only allegation is that the accused persons had kept the daughter of the complainant in their own house and when the complainant went to the house of the petitioners for getting her daughter returned, then she was hurled abuses and she was also assaulted with fists and slaps. From the materials available on record it appears that the alleged victim, Punam Devi is living in the house of the petitioners after solemnization of her marriage with accused Arun Yadav son of petitioners no. 1 and 2. Taking into consideration the aforesaid facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of 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 learned Chief Judicial Magistrate, Madhubabni in connection with Complaint Case No. 1589 of 2009 , subject to conditions as laid down under section 438(2) of the Cr. P.C. BTiwary ( Birendra Prasad Verma, J)