IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49743 of 2008 1. PAPPU YADAV S/O- JAINATH YADAV 2. JAINATH YADAV, S/O- BISHUN YADAV 3. SUMITRA DEVI, W/O- JAINATH YADAV 4. SANJEET KUMAR YADAV @ SANJEEV KR. YADAV S/O- LATE GORAKHNATH YADAV 5. LOKNATH YADAV, S/O- BISHUN YADAV All are resident of Village – Ramnagar, Balua Nagar, P.S.- Mansahi, District - Katihar Versus STATE OF BIHAR ----------- 2. 18.12.2008 Heard the parties. Petitioners are accused in a case registered for the offences under Sections 366A and 120B of the Indian Penal Code. It has been submitted on behalf of the petitioner that this false case has been instituted at the instance of the mother of victim girl which would be evident on perusal of the statement of the daughter of the informant in her examination under Section 164 Cr.P.C. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation of kidnapping of minor son and daughter of the informant is against Pappu Yadav Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the - 2 - petitioner nos. 2 to 5 namely, Jainath Yadav, Sumitra Devi, Sanjeet Kumar Yadav @ Sanjeev Kr. Yadav and Loknath Yadav above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No. 71 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. So far as petitioner no. 1 is concerned, considering the nature of allegation, I am not inclined to grant bail to petitioner no. 1, Pappu Yadav. Accordingly, prayer for bail on behalf of the petitioner no. 1 is rejected. Jagdish/- (Shailesh Kumar Sinha,J)