IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17652 of 2010 SUNIL KUMAR Versus STATE OF BIHAR ----------- 2. 19.05.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case arising from Motihari Town P.S. Case No. 362 of 2009 for offence punishable under Sections 366(A)/34 of the Indian Penal Code. The petitioner has been alleged with kidnapping of the daughter of the informant after having developed an illicit relationship with her. It is alleged that the daughter of the informant was a minor at the relevant time. Learned counsel, with reference to an order passed by this Court placed at Annexure-2, submits that the said Criminal writ petition was filed by the daughter of the informant, Khusboo Kumari, seeking a direction to the respondents for protecting her life and property from the private respondents being her family members. It is contended that pursuant to the liberty granted by this Court in the aforesaid case, statement was taken not only by the Superintendent of Police, Motihari but even the victim girl has given statement under Section 164 Cr.P.C. placed at Annexure-4, in which she has stated that on her own volition she had gone to Delhi being aggrieved by the undue pressure being put up by her father coercing her to marry an illiterate person. Learned counsel submits that the girl herself 2 in question has stated that the allegation against the petitioner is false. Learned counsel, with reference to the medical examination report placed at Annexure-3, submits that the girl was medically examined on 13.4.2010 and she was found to be a major. He thus submits that the allegation made in the F.I.R. of the girl being minor is not correct. Taking into consideration the circumstances aforesaid, let the petitioner Sunil Kumar be released on anticipatory bail in the event of his arrest/surrender before the court below within four weeks from today, upon furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Motihari Town P.S. Case No. 362 of 2009 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. S.Sb/- (Jyoti Saran, J.)