IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11671 of 2009 SERAJUL ANSARI,s/o Amin Mian,resident of Village-Pipara Bajariya,Tola,P.S.-Gaunaha, District-West Champaran. Versus STATE OF BIHAR ----------- 02/ 18-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that it is a simple case of love affair and not of kidnapping. Victim girl was produced in the court and she was appearing major. Such nature of observation was made by the learned Chief Judicial Magistrate also. Again her statement under Section 164 Cr.P.C. was recorded by the Magistrate in which she stated about marrying this petitioner disclosing her age 22 years, though that has been assessed 17 years by the Magistrate recorded under Section 164 Cr.P.C. as stated by the informant. In my view also, either the victim was major or at the verge of majority. Relevant material is considered herein as to whether any force was used in taking away the victim or not, which finds no support from the material of the case. In the suggested facts and circumstances, this application for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Matiyaria P.S.Case No.42/2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, subject to 2 the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )