IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31490 of 2011 ====================================================== Suman Pandey @ Sikandar Pandey, son of Dayanand Pandey, resident of Vill. Bhadauni, ( Devi Asthan), Nawadah, P.S. and Distt. Nawadah. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad No.1, Advocate For the Opposite Party/s : Mr. C. Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 363, 364A, 366A and 120B of the Indian Penal Code. It is submitted on behalf of the petitioner that as per prosecution case, as disclosed in the first information report vide Annexure-1, though the petitioner is alleged to have kidnapped one Ranjita Kumari, the minor daughter of the informant/complainant, but as a matter of fact, the petitioner and the aforesaid alleged victim, Ranjita Kumari, having love affairs from before, have solemnized their marriage, and are living together as wife and husband. It is further submitted that from their Patna High Court Cr.Misc. No.31490 of 2011 (2) dt.15-10-2011 2 wedlock, a four-years girl child is there with them. It is highlighted that the marriage between the petitioner and the victim girl, Ranjita Kumari was inter-caste marriage, and that is why the present case has been lodged with all baseless and false allegations. In support of their marriage, documents as contained in Annexures-2 and 3, have been brought on record. Learned Additional Public Prosecutor appearing on behalf of the State has opposed the prayer made on behalf of the petitioner for grant of anticipatory bail and points out that till date, the statement of victim girl has not been recorded either in the court or before the Police. Be that as it may, in view of claim of marriage between the petitioner and alleged victim girl, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail, provided the alleged victim girl is produced before the learned Magistrate, and on her examination, learned Magistrate is satisfied about the aforesaid marriage. In the event of his arrest or surrender before the learned court below within a period of six weeks from today, the above named petitioner is directed to be released on bail in connection with Nawadah P.S. Case No.353 of 2005 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction Patna High Court Cr.Misc. No.31490 of 2011 (2) dt.15-10-2011 3 of Sri Ranjit Prasad, learned Judicial Magistrate, Ist Class, Nawadah subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions that:- (1) On the day of surrender in the court below, the victim girl must be produced before the learned Magistrate and before acceptance of the bail bond, learned Magistrate must be satisfied about the valid marriage. (2) The aforesaid victim girl must be one of the bailors of the petitioner. However, it is clarified that on the failure of any of the conditions as laid down above, it shall be construed that the prayer for anticipatory bail made on behalf of the petitioner has finally been rejected by this Court and in that case petitioner will have to seek regular bail in the court below. Anjani /- (Birendra Prasad Verma, J)