IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46067 of 2009 PRASHANT KUMAR JAISWAL @ PRASHANT KUMAR, son of Umesh Prasad Jaiswal, resident of village Miskaut Motihari, P.S. Motihari Nagar, District- East Champaran …. Petitioner. Versus 1. STATE OF BIHAR 2. The Superintendent of Police, Motihari (East Champaran) 3. The Officer in Charge, Town Police Station, District- Motihari (Champaran) 4. The Investigating Officer of Motihari Town P. S. Case No. 174/2009, Motihari Town Police Station, Town – Motihari, District EastChamparan. 5. Priyanka Kumar, w/o Sanjay Kumar Singh, d/o Parmeshwar Prasad, resident of village Gamharia, P. S. Lakhora, District- East Champaran. … Opposite parties. ----------- 2. 08.01.2010 Heard Mr. Ram Balak Mahato, learned senior counsel for the petitioner as also counsel for the State and victim girl, Priyanka Kumari. This application has been filed for modification of the earlier order dated 12.10.2009 passed in Cr. Misc. No. 31083 of 2009 whereby the petitioner was granted provisional bail on certain conditions. Today, Mr. Mahato as also counsel for Priyanka Kumari would submit that part of the condition has been complied inasmuch as victim girl, Priyanka Kumari has appeared and is also ready to get her statement under Section 164 Cr.P.C. recorded before the court below. 2 Mr. Mahato would accordingly submit that condition of the petitioner surrendering after expiry of period of three months in the court below should be now withdrawn and the petitioner’s provisional bail should be confirmed. In the opinion of this court, the earlier order of this court dated 11.10.2009 was very clear and needs no modification inasmuch as all that was to be done was to get the statement of victim girl, Priyanka Kumari recorded whereafter the court below was given direction to consider the confirmation of provisional bail. That being so, today when Priyanka Kumari has already appeared before this Court and an affidavit has also been filed on her behalf asserting that she was neither kidnapped nor the petitioner had played any role in the alleged offence, this court would direct the court below to record such statement of Priyanka Kumari under Section 164 of the Code of Criminal Procedure and do the needful by considering the prayer for confirmation of the provisional bail of the petitioner in terms of earlier order dated 3 12.10.2009. At this stage counsel for the Victim girl, Priyanka Kumari would submit that as the victim girl had married on her own will and against the wishes of her family members there is an apprehension/ danger to her life or life of her husband at the time they would appear in course of recording statement under Section 164 of the code of Criminal Procedure. Counsel further adds that the victim girl at present carrying pregnancy accordingly needs some sort of protection by the police. Considering the aforesaid plea of the victim girl, this court would direct the concerned officer-in-charge of Motihari Twon Police Station to provide security to the victim girl and her husband for the purpose of recording her statement under Section 164 of the Code of Criminal Procedure and after such statement is recorded, the said Officer- in-Charge will ensure safe return of victim girl along with her husband to her permanent resident at village Gamhariya, P. S. Lakhaura, District East Champaran. With the aforementioned 4 clarification/direction, this application is disposed of. Let a copy of this order be sent to the court below through fax if its cost is deposited by the petitioner. kanchan (Mihir Kumar Jha, J.)