IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1043 of 2010 KANTU RAI @ KANT LAL RAI, Versus STATE OF BIHAR ----------- 2. 09.03.2010 The petitioner apprehends his arrest in Mohiuddin Nagar P.S. Case No. 36 of 2009 under Section 366(A)/34 of the Indian Penal Code. The allegation as per F.I.R. is that the petitioner, his wife Rampari Devi and one Arjun Rai enticed away informant’s daughter Seema Kumari for the purpose of marrying her to Jai Ram Rai, son of petitioner’s Sarhu and subsequently when the informant asked the petitioner he did not disclose whereabouts of Seema Kumari. The learned counsel for the petitioner submits that F.I.R. was lodged on 15.3.2009 stating the occurrence to have taken place on 9.3.2009. Referring Annexure-2, it is submitted that prior to the occurrence, said Jai Ram Rai and Seema Kumari had solemnized marriage in Umanath Dham Mandir for which a certificate was also granted. Referring Annexure-2(A), it is submitted that Seema Kumari and Jai Ram have also sworn affidavit regarding marriage and they have submitted application before the Registrar Marriages, at Bar for the registration of marriage. The learned counsel also refers to this Court’s bail order at Annexure-3 and points out that co-accused have already been allowed regular bail vide this Court’s order dated 20.8.2009 as passed in Cr. Misc. No. 29990 of 2009. Mr. Rampriya Saran Singh, the learned A.P.P. does not point out any other material against the petitioner. In the facts and circumstances of the case, in the event of - 2 - arrest/surrender within a period of two weeks, the petitioner, Kantu Rai @ Kant Lal Rai is admitted to anticipatory bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to satisfaction of Chief Judicial Magistrate, Samastipur, in Mohiuddin Nagar P.S. Case No. 36 of 2009, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (C.M. Prasad, J.) Ravi/-