IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50366 of 2008 1. MITHILESH SINGH 2. KAMLESH SINGH 3. AKHILESH SINGH ALL SONS OF Late Braj Kishore Singh 4. GULAB JHARI DEVI wife of Late Braj Kishore Singh All are resident of village- Jurawanpur Karai, P.S.- Jurawanpur District- Vaishali, at present residing in Mohall Navratanpur Hat Near Ford Company, P.S.- Khajanchi Hat, District- Purnea Versus STATE OF BIHAR ----------- 2 18.12.2008 Heard learned counsel for the petitioners and Mr. R.P.S. Singh, Addl. P.P. appearing for the State. The offence alleged is under sections 363, 365 of the Indian Penal Code. Petitioners no. 1 to 3 are the elder brothers of the co-accused Nilesh Kumar Singh @ Karu Singh, who was alleged to have kidnapped the daughter of the informant and petitioner no. 4 is his mother. It has been submitted on behalf of the petitioners that the said co-accused Nilesh Kumar Singh @ Karu Singh has been allowed bail by this Court as stated in paragraph 16 of the petition. It is further submitted that the victim girl has stated in her statement under section 164 Cr.P.C. before the Chief Judicial Magistrate, Gaya that she had gone on her own accord since she is major and she has married with the said co-accused. It is further contended that the informant of the case has also stated, as contained in Annexure-10 & 11, to the effect - 2 - that the informant and accused persons have sorted out their differences and there is no differences between them. It is also contended that the daughter of the informant is living happily with the said co-accused Nilesh Kumar Singh. It is further contended that the doctor has also given opinion that the girl is above 19 years, as would appear from Annexure-4. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. In 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 petitioners, 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 Judicial Magistrate, Ist Class, Gaya in connection with Delha P.S.Case No. 07 of 2005, G.R.No. 255 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)