IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5044 of 2011 1 Amit Kumar Sah @ Amit Sah, 2 Vikash Kumar Sah @ Vikash Sah, sons of late Ashok Sah, residents of village – Tinpulia (Ganeshpur), Police Station – Jagdishpur, District - Bhagalpur - Petitioners Versus The State of Bihar - Opposite Party ----------- 2 08.03.2011 The two petitioners, who are brothers and of young age though major, are in custody since 19.06.2010 in relation to Mojahidpur (Babarganj) Police Station Case No 77 of 2010 instituted under Sections 363, 366A, 120B/34 of Indian Penal Code. The petitioners submit that the allegation that they had kidnapped the two minor girls is wrong inasmuch as upon the girls being recovered, they were produced before the Magistrate on 07th July, 2010 for recording their statement under Section 164 of Criminal Procedure Code. The Court assessed their age to be about 17 years. It is submitted that in course of investigation, it has been found that one of the girl is major and the other is short only by 2- 1/2 months. Their statements under Section 164 of Criminal Procedure Code have been annexed in which they have clearly said that they have not been kidnapped and they had left their home out of their free consent and have since married the petitioners and went to live with them. There is absolutely no statement about any enticement/coercion or any misdemeanour on part of the petitioners. Be that as it may, the petitioners abovenamed are directed to be released on bail on each of them furnishing bonds of Rs 10,000/- 2 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Mojahidpur (Babarganj) Police Station Case No 77 of 2010 subject to the condition that one of the sureties would be the brother of the petitioner Anand Kumar Sah M.E.H./ (Navaniti Prasad Singh)