IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41449 OF 2009 1. HIRA, SON OF MD. ISLAM ALAM 2. MOTI, SON OF MD. ISLAM ALAM BOTH RESIDENT OF MOHALLA HABIBPUR, POLICE STATION HABIBUR, DISTRICT BHAGALPUR ………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********** 2 08/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending arrest in a case under Section 366A of the Indian Penal Code. The lady and her child were recovered. She has stated that Parwez and his brother Afroz were responsible for kidnapping. She further alleges that these two petitioners along with others had asked her to give false statement before the Habibpur Police Station or else they would kill her child. After giving the statement, her child was returned and she also returned to her parent’s house. Counsel for the petitioners submits that the entire story is improbable and that the petitioners were not responsible for the alleged kidnapping. According to the petitioners, the girl has relationship with Md. Parvez which she does not want to disclose and as such she has implicated the petitioners and others in this case. Be that as it may, the above named petitioners 2 are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Mojahidpur Police Station Case No. 70 of 2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)