IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28302 of 2009 SHANTI DEVI Versus THE STATE OF BIHAR With Cr. Misc. No. 33785 of 2009 1. SANTOSH SONI 2. SUNIL SONI 3. ANIL KUMAR SONI @ ANIL SONI 4. MAHENDRA SONI 5. UMESH SONI Versus THE STATE OF BIHAR ----------- 2/ 18.09.2009 Both the matters arise out of the Sheohar P.S. case no. 160 of 2008, and as such, they have been heard together. The present order shall govern both the cases. The husband of the victim lodged a case alleging therein that his wife was kidnapped with the help and connivance of the petitioners of the present two applications. Learned counsel for the petitioners referring to anneuxure-2, submits that the victim made statement under Section 164 of the Cr. P. C. in which there is allegation against the informant and his other family inmates. She has not stated about her kidnapping at the hands of the petitioners. Learned Sessions Judge has considered the submissions and rejected the application finding that the Doctor who examined her assessed her age as 17 years. The girl has disclosed her age as 22 years in the annexure-2. It is contended by the learned counsel, on instruction, that she was subsequently examined by a board of 2 doctor and after such examination she has been found aged above 20 years. He states that the said report is now with the court below. Let the court below examine the aforesaid statement. If the statement made before this court is found correct then in the event of arrest or surrender before the court below within a period of 04 weeks from today the court below shall release the petitioners of the both cases 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 SDJM, Sheohar at Sitamarhi in connection with Sheohar P.S. Case no. 160/2008 subject to the condition that as and when the case reaches up to the level of framing of charge(s) petitioners of both the cases shall appear in person before the trial court on the each date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law. With this observation, both the applications are disposed of. Sym (Kishore K. Mandal, J. )