IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5431 of 2009 SANJAY KUMAR Son of Siya Sharan Prasad, Resident of Village- Pariauna P.S.- Noor Sarai District- Nalanda -----------------Petitioner Versus STATE OF BIHAR ------------------Opposite Party With Cr.Misc. No.3039 of 2009 1. KARUNA DEVI Wife of Pappu Mahto 2. Pappu Mahto Son of Arbind Prasad Both residents of Village- Barada, P.S. Noorsarai District- Nalanda ------------------Petitioners Versus STATE OF BIHAR ----------------Opposite Party ----------- 3. 3.6.2009 Heard learned counsel for the petitioners and the State. Sanjay Kumar in (Cr. Misc. No. 5431 of 2009) is the elder brother of the husband of the informant and Karuna Devi and Pappu Mahto (Cr. Misc. No. 3039 of 2009) are the mother and father of the second wife of the husband of the informant. They are apprehending their arrest in connection with Laheri P.S. Case No. 110/08 registered for offence under Sections 498(A), 494, 307 and 365/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the husband of the informant is in custody. Allegations under Sections 498A and 494 are specifically against the husband. So far as Section 365/34 is concerned prima facie no case is made out as the son of the informant is living with his grandfather and it cannot be a case of kidnapping. Considering the facts, the prayer for grant of anticipatory bail on behalf of the petitioners, above named, are allowed. They are - 2 - directed to be released on anticipatory bail, in case of their surrender before the Court concerned within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Laheri P.S. Case No. 110/08 to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. P. Kumar (Mridula Mishra, J.)