IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52894 of 2007 KAMRAN ANSARI @ ARMAN ANSARI Versus THE STATE OF BIHAR With Cr.Misc. No. 14789 of 2008 ASLAM MIAN Versus THE STATE OF BIHAR. 3 14.5.2008 Heard learned counsel for the petitioners and the State. The petitioners are seeking bail in a case under sections 366A/34 and 376 of the Penal Code. The allegation in the F.I.R. is that the two sisters were kidnapped by the petitioners and some others. The girls were recovered. It is alleged that one of the girl Maya was raped by Arman Ansari. Learned counsel for the petitioners submits that Maya had written a letter to petitioner Aslam Mian that he should take her away from her mother’s house as her mother was fixing her marriage with a man twice her age. It is further submitted that there was no question of using force or kidnapping the victim girl. The mother of the victim girl went to Bombay and recovered her daughters. It is submitted that there is a statement under section 164 Cr.P.C. recorded after a gap of theee months when there was enough time to tutor Maha. Considering all the facts and since there is no allegation of rape against accused petitioner Aslam Mian, he is directed to be released on bail in Baniyapur PS case No. 98/2007 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra. So far as the case of petitioner Kamran Ansari @ Arman Ansari is concerned, I am not inclined to grant bail for the present. His bail petition is dismissed. 2 haque (Sheema Ali Khan,J)