IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 29839 of 2011 1. Vikash Kumar, S/o Sri Shiv Shankar Prasad, R/o Vill. Molinia, P.S. Sirisia OP, Chanpatia, Distt. West Champaran (Bihar). Versus 1. The State of Bihar. 2. Bindu Kumari, D/o Narayan Chaudhary, R/o Mohalla - Poor House, Ward No. 35, Bagha, Distt. West Champaran, Now Wife Of Vikash Kumar, Resident Vill. Molinia, P.S. Sirisia OP, Chanpatia, Distt. West Champaran. 3. Narayan Chaudhary, R/o Mohalla - Poor House, Ward No. 3, P.S. Bagha, Distt. West Champaran. ---------------------------------- 02. 27.09.2011 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 363 and 366A of the Indian Penal Code. It has been submitted that the petitioner has got married with the alleged victim and it is not a case of kidnapping. The further submission is that the victim is living with the petitioner as his wife and is afraid to appear before the Court at Bagaha since she apprehends danger to her life for having contracted intercaste marriage. The petitioner is ready to produce her before the Chief Judicial Magistrate, West Champaran at Bettiah so that she can testify before it that it is not a case of kidnapping. Let the petitioner, above named be initially released on provisional anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court 2 to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bagha P.S. Case No. 119 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the condition 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 bailor will also undertake to inform the Court if there is any change in the address of the petitioner. The petitioner and his wife thereafter will appear before the Chief Judicial Magistrate, Bettiah along with copy of this order and self-attested photographs which shall be affixed on the order-sheet while recording the statement of the alleged victim Once the statement is recorded by the Chief Judicial Magistrate, Bettiah he will thereafter send the order-sheet in a sealed cover along with the photographs to the Additional Chief Judicial Magistrate, Bagaha who will notice the informant and if there is no dispute with regard to the identity of the parties the CJM, West Champaran, Bettiah will confirm provisional bail granted to the petitioner. Vikash/- (Anjana Prakash, J.)