IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38992 of 2010 1. SARJU MAHTO, son of late Budhu Mahto 2. Shiv Shankar Mahto 3. Uma Shankar Mahto Both sons of Shri Hari Mahto Petitioners Versus THE STATE OF BIHAR OP ----------- 01.12.2010 Heard learned counsel for the parties. Petitioners are alleged for kidnapping informant’s brother. Submission of learned counsel for the petitioners is that brother-in-law of petitioner no.2 and 3 was murdered, for which Barachatti P.S. Case No. 189 of 2008 was filed on information of their sister, Geeta Devi, deceased wife. Petitioner no.1 is their cousin brother and witness also in that case. Pressure was cast on them not to give statement against accused persons of the case, which they did not agree otherwise also informant’s brother is indulged in business of feri and his kidnapping is shown for ransom, Rs.3,000/- was snatched from him which appeared in statement of the informant himself. That is doubted on the ground that enmity was there in between both family members and status of informant was not justifying any demand of ransom and the attempt should be about his elimination as in the First Information Report, it is alleged that earlier also attempt was made for his kidnapping and no harm was caused at all after the alleged kidnapping till safe return of the victim. Thus, having regard to the facts and circumstances of the 2 case, in the event of arrest of surrender within one month from the date of communication of this order, the above named petitioner 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 Sub-Divisional Judicial Magistrate, Sherghati at Gaya in Barachatti P.S. Case No. 284 of 2009, subject to the condition as laid down under section 438 (2) Cr. P.C. Ashwini/- (Mandhata Singh, J.)