IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.49407 OF 2008 SANJAY KUMAR SRIVASTAVA, SON OF JAGAT MOHAN PRASAAD, RESIDENT OF VILLAGE JOGIDIH COLLIERY, POST TUNDU, POLICE STATION BARORA, DISTRICT DHANBAD (JHARKHAND) VERSUS STATE OF BIHAR ********* 3 22.01.2009 Heard learned Counsel for the petitioner and the State. The petitioner is an accused in a case under Section 366A of the Indian Penal Code. Learned Counsel for the petitioner submits that the petitioner and the alleged victim are married and are living happily. It was further submitted that Pushpa Kumari is about 7-months pregnant and she was willing to live with the petitioner out of her free will. By order dated 13.01.2009, this Court asked both the petitioner and Pushpa Kumari to remain personally present before this court. In compliance of the aforesaid order, both are present. I have spoken personally to Pushpa Kumari and she has stated that she had left her father’s home voluntarily and wants to live with the petitioner. It has been further stated by her that her in-laws support and look after her. Accordingly to 2 her, the First Information Report has been lodged because she had dared to marry a person outside her caste and as such this false case of kidnapping has been lodged against the petitioner who is now her husband. Taking into consideration the statements made by both the parties, I am convinced that the petitioner and Pushpa Kumari are mature enough to decide their own future and had taken a decision to get married after taking into consideration all odds. In the circumstances, the petitioner Sanjay Kumar Srivastava is directed to be released on anticipatory bail in the event of his arrest or surrender before the Court below in Muzaffarpur Town Police Station Case No. 142 of 2008 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J. )