IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6267 of 2010 MANOJ KUMAR, son of Shri Devendra Yadav Versus STATE OF BIHAR ----------- 2/ 03.03.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 363,366-A/34 of the Indian Penal Code. In the First Information Report, the petitioner has been named as the person, who allegedly kidnapped the daughter of the informant. However, it was stated therein itself that the girl was saying on phone that she was along with the present petitioner but did not make any complain against him as per the First Information Report, which was instituted on 5.12.2007. Thereafter, the girl, in question, allegedly filed a petition on 20.12.2007 stating therein that the victim got married on her own sweet will with the present petitioner. But, when she was examined on 7.1.2008, under section 164 Cr. P.C. she alleged that the petitioner had kidnapped her but did not allege any sexual assault upon herself. The informant has appeared and produced certain documents to show that the victim is now happily married to another boy and does not want any disturbance in the said marriage by the present petitioner, who is likely to do so after his release on bail. The petitioner undertakes not to disturb the marital harmony of the victim girl and on his such undertaking, the petitioner, above named, is directed to be released on bail on furnishing bail bond - 2 - of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Barari) P.S. case no.705 of 2007, subject to the conditions (i) 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,(ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. In case any complaint is made about the petitioner disturbing the victim girl and her present husband in any manner, an enquiry shall be done with regard to the same so that there are no further complications in their lives. JA/- (Anjana Prakash, J.)