IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22617 of 2011 Suraj Vishwakarma @ Jyoti Ishwakarma S/o Yamuna Vishwakarma Versus The State Of Bihar ---------------------------------- 4. 22.12.2011 Heard learned counsel for the petitioner, the State and the Complainant. The petitioner is apprehending his arrest in a case registered under Sections 366A, 366, 368 and 376 of the Indian Penal Code. The complaint is that the petitioner and the complainant were known to each other and she left with the petitioner, who promised to marry her. He kept her in his house and sent message to her maternal home that she was staying in the petitioner’s house. The family members of the complainant came to the house of the accused persons where the complainant allegedly informed them that even though they have not been married but physical relationship had been established between the two and, therefore, marriage should be performed for social sanction. The parties agreed with each other but the accused persons demanded money for it. Subsequently the complainant was sent to her matrimonial home without marriage and a month later she realized that actually the petitioner was not a Government servant but had deceived them about the nature of his job. The maternal family of the complainant allegedly also gave money to the accused persons. - 2 - On the last occasion by order dated 5.8.2011 the matter was referred to the Patna High Court Medication & Conciliation Centre for settlement, but unfortunately the same could not be arrived at as per the report of the Mediation Centre. It has been submitted on behalf of the petitioner that the petitioner is even now ready to keep the complainant as wife, but the Counsel for the complainant submits that the complainant is not ready to reside with the petitioner. Since no settlement can be arrived at and it appears to be a case of consent between the two adults, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from today in connection with Bodh Gaya P.S. case No.36 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is - 3 - he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )