IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29238 of 2010 1. PALPALIYA MANDAL @ ANAND MANDAL S/O CHALITRA MANDAL 2. ARJUN SHARMA @ ARJUN DAS S/O LATE GANESHI SHARMA……………………………………….PETITIONERS. Versus STATE OF BIHAR ----------- 03. 09.11.2010 Heard the learned counsel for the petitioners and the State. Allegation is regarding accompanying of the victim with Sandulia devi to Hatia where she was sold to unknown person for Rs.40,000/-(forty thousand) among those persons who sold the victim, petitioners are also said their participation. Victim later on appeared. Her statement under section 161 of the Cr.P.C. and 164 of the Cr.P.C. is recorded. Under section 161 of the Cr.P.C. she is stating that in the market proposal was made to marry with some unknown person. Accordingly she accompanied him to Sahpur in U.P., but finding him poor she left his company rather she worked at some other places as maidservant and anyhow she returned back to her village. In Section 164 of the Cr.P.C. she is undoubtedly corroborating prosecution case regarding herself going to some places, but in any case there is no allegation on her behalf regarding use of any force or doing anything against her will. However, she remained with the person with whom she was asked to accompany until she liked and faced no trouble to separate herself from his company, if she really would have been sold that was not possible. Circumstances placed above entitled petitioners for anticipatory bail. 2 Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, the above named petitioners shall be released on bail 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, Katihar in connection with Barari P.S. Case No.194/2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Vikash ( Mandhata Singh, J.)