IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46248 of 2009 PANKAJ KUMAR RAM S/o Ram Kripal Ram Versus STATE OF BIHAR ----------- 3/ 09.03.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Sections 366 A and 365/34 of Indian Penal Code. Learned counsel submits that the girl Gudiya Kumari on her own free will went with the petitioner. Learned counsel further submits that Gudiya Kumari is a major and they married each other also. Learned counsel in support of his submission has referred to Annexure-2, which is affidavit sworn by Gudiya Kumari, in which she stated that they have decided to marry each other and are living as husband and wife. Learned counsel submits that statement of victim girl under Section 164 of Cr.P.C. has not been recorded. It would appear from the order of the learned Sessions Judge that the victim stated before the police that she was abducted by the petitioner and taken to his ‘Mousa’s’ place. Having heard the counsel for the parties, this Court passes the following orders: Firstly; If the girl appears in the learned court below (Chief Judicial Magistrate, Jamui in Jhajha P.S. case no. 91 of 2009, G.R. No. 704 of 2009) and states that she has voluntarily gone with the boy then in the event of arrest or surrender within six weeks from today petitioner will be released on bail to the satisfaction of the court below. Secondly; No coercive action will be taken against the - 2 - petitioner for six weeks from today. Let a copy of this order be communicated to the court below through Fax at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)