IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8738 of 2009 1. SARFARAZ,son of late Hafizuddin 2. Farhad,son of late Hafizuddin 3. Fiyaz,son of late Hafizuddin 4. Wasim son of late Hafizuddin 5. Wazan wife of late Hafizuddin 6. Rafique son of Samsul 7. Asmat wife of Rafique. Nos.1 to 5 resident of Lahgaria,P.S. Barsoi,District-Katihar and Nos.6 and 7 resident of village Masanpur,P.S.- Barsoi,Distgrict-Katihar. Versus STATE OF BIHAR ----------- 02/ 09-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that a love affair has been made effect of kidnapping. Informant’s daughter was in love with petitioner no.1. She had married him and residing with her in-laws, which is corroborated by the statement of victim girl in her statement under Section 164 Cr.P.C. So, arrest of any of the petitioners cannot be justified. I agree with the submissions. In case of arrest or surrender within one month from today in Barsoi P.S.Case No.07/2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )