IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24870 OF 2009 SHANKER MANDAL, SON OF MADAN MANDAL, RESIDENT OF VILLAGE BARHAD, P.S. HATHAURI, DISTRICT MUZAFFARPUR VERSUS STATE OF BIHAR ----------- 3. 12.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 366A and 376 read with Section 34 of the Indian Penal Code. The victim-girl was recovered after a few days and she gave her statement in which she has alleged that one Shiv Nath Mandal and his family members had kidnapped her and Shiv Nath Mandal had kept the girl in his house and had committed rape upon her. So far as this petitioner is concerned, he has been named as one of the kidnappers. The other persons named as co-accomplices in kidnapping the girl had been allowed anticipatory bail by order dated 20.05.2009 passed in Cr. Misc. No.16777 of 2009. After perusing the case diary, learned counsel for the State also accepts that there is no allegation of rape by this petitioner on the victim girl. Learned counsel for the petitioner has submitted that it was, in fact, a case of love - 2 - affair and Shiv Nath Mandal and the victim girl wanted to marry for which purpose they had eloped. Considering the above facts and circumstances and considering the order of this Court allowing anticipatory bail to other accused persons under similar circumstances, this application is allowed. Let petitioner (Shanker Mandal) be enlarged 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 Chief Judicial Magistrate, Muzaffarpur in Hathauri P.S. Case No. 10/2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)