IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21956 of 2011 Hasmuddin Dewan, Son of Late Wakil Dewan, Resident of Village and P.O. Bhabhata, P.S. Sathi, District West Champaran. --------Petitioner Versus The State Of Bihar -------Opposite Party ----------- 02/- 29/07/2011 Heard Mr. Bimlesh Kumar Pandey learned counsel for the petitioner and Mr. Damodar Pd. Tiwary learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this two years old complaint case lodged roughly after a month of said occurrence for which one and half months later another complaint bearing no. 2082C of 2009 has also been filed before the court of Chief Judicial Magistrate, Bettiah, West Champaran with allegation of kidnapping a minor girl. Submission is that, the victim a major girl has already lodged informatory petition much before the date of alleged occurrence, stating therein, that she has already been married with the petitioner. Further, submission is that, the couple now been blessed with a child and living matrimonial life peacefully and no offence is made out. Considering the facts and circumstances of the case, on the event of production of the victim girl who after due identification, supports the factum of matrimonial relationship, with her free will and consent without any coercion, and also she is being a major, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail 2 bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with Tr. No. 2710 of 2011 (arising out of Complaint Case No. 549 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)