IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15794 of 2008 MD.KHALID @ MD.KHALIK---petitioner Versus STATE OF BIHAR------opp.party ----------- 3. 05.01.2009 Heard learned counsel for the petitioner, State and for the informant. The petitioner is the husband apprehending arrest in a police case under Section 498A and other provisions of the Penal Code. The initial submission was of denial of the marriage itself to urge kidnapping and forcible marriage. The allegation of the parties having signed ‘Nikha nama’ in presence of the ‘Kazi’ is countered by submitting that signature was obtained on some documents. The allegations of kidnapping have been made after the date of occurrence alleged in the FIR, out of which this bail application arises. At this stage, learned counsel for the petitioner sought adjournment to seek instruction for reciprocating the submission on behalf of the informant that she was willing for revival of matrimonial harmony. The impugned order of rejection notices from the case diary that the petitioner is alleged to have tried to outrage the modesty of the informant and whereafter ‘Nikha’ was performed. 2 In the facts and circumstances, if the petitioner surrenders within four weeks, he shall be enlarged on anticipatory bail for a period of three months only on furnishing bail bonds of Rupees ten thousand with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Allauli P.S.case no. 144/07 subject to the conditions laid down under Section 438(2) Cr.P.C. On the day the petitioner furnishes his bail bonds, notice shall be issued to the informant through counsel representing her in the police case. Based on any positive subsequent developments if the petitioner appears physically and surrenders himself before jurisdiction of the court below during the period of three months any application for regular bail on his behalf shall be considered by the court below on its own merits in accordance with the subsequent developments and the respective attitude of the parties to be assessed by the court below in its wisdom, without being prejudiced by the limited granted of anticipatory bail by this Court. (Navin Sinha,J.) spal/