IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13678 of 2010 LAKHENDRA PANDIT son of Janardan Pandit Versus THE STATE OF BIHAR ----------- 2/ 20.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363, 366, 120-B of the Indian Penal Code. Considering that the victim in her statement has stated that she had gone with the petitioner out of her sweet will and married him and, therefore, it is not a case of kidnapping, let the petitioner, above named, who is in custody since 28.1.2010, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Gangour) P.S. case no.443 of 2009, subject to the conditions (i)That one of the bailors 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 bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)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, (iii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Chief Judicial Magistrate is directed to immediately - 2 - commit the case to the court of Sessions and the court in seisin of the case will pass appropriate order as to whether any offence whatsoever is made out against the accused in view of the statement of the victim. JA/- (Anjana Prakash, J.)