IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41872 of 2009 1. NARESH YADAV 2. UMESH YADAV 3. MUKESH YADAV ALL SON OF SRI SATO YADAV 4. KISHORE YADAV SON OF ANANT YADAV ALL R/O VILLAGE- GURIYA TOLA, LAVDIHI, P.S.- JADIYA, DISTRICT- SUPAUL 5. BHUPENDRA YADAV S/O LATE SURAT LAL YADAV 6. LALAN YADAV SON OF CHHOTI YADAV BOTH R/O VILLAGE- KHUNTI,P.S.- CHATAPUR, DISTRICT- SUPAUL Versus STATE OF BIHAR ----------- 2 08/02/2010 Heard Mr. Rajesh Kumar Sinha no. 1 learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners apprehend their arrest in a case registered under Sections 365/34 of the Indian Penal Code. The informant has given his written statement to the police that his son Mukesh Kumar aged 17 was kidnapped. In course of investigation it was found that marriage of Mukesh was performed with Kiran Devi but the informant alleged that it was marriage against his consent. Submission is that the marriage was performed after completing all rituals but when some dispute arose then the informant lodged this false case. No case under Section 365 of the Indian Penal Code is made out. Prayer for bail has been opposed by the 2 learned APP assisted by the learned counsel for the informant. It is submitted that the victim has returned and he has given his statement in which he has supported the factum of kidnapping. Considering the facts and circumstances of the case, the petitioners above named are directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and on their so surrendering they shall be enlarged on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Supaul in connection with Jadiya P.S. Case No. 46 of 2009 subject to the condition as laid down under section 438 (2) of the Cr.P.C. avin (Shyam Kishore Sharma, J.)