IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41182 of 2010 Md. Shamimuddin @ Rocky, son of Md. Moinuddin, resident of Mohalla- Rajabari, P.S.- Khajanchi Hat, Distt.- Purnea --- Petitioner. Versus STATE OF BIHAR ---- Opp. Party. ----------- 2/ 19-11-2010 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel appearing on behalf of the informant. The petitioner apprehends his arrest in a criminal prosecution registered under sections 363, 364, 366A/34 of the Indian Penal Code with respect to kidnapping/ abduction of one Puja Kumari, daughter of the informant. In the F.I.R. the petitioner is not named as accused and the same has been lodged against unknown. Learned counsel for the petitioner submits that during the course of investigation the alleged victim, Puja Kumari, was recovered by the police and her statement was recorded by the learned Magistrate on 06.02.2010 under section 164 Cr. P.C. vide Annexure-2. The age of the alleged victim was assessed by the learned Magistrate to be 20 years. The victim lady also disclosed her age to be 20 years. In her statement she clearly stated that she had voluntarily went in the company of this petitioner to Kolkata and subsequently returned to Purnea. She claims to have solemnized her marriage with the petitioner voluntarily. In response to the query of the Court she has 2 clearly stated that she wants to live with the company of this petitioner. Learned Addl. P.P. for the State and learned counsel for the informant have strongly opposed the prayer for anticipatory bail but they have not disputed the aforesaid factual position. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks from today, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10, 000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari (East Champaran) in connection with Motihari (Town) P.S. Case No. 25 of 2010, subject to conditions laid down under section 438(2) of the Cr.P.C. BTiwary/ ( Birendra Prasad Verma, J.)