IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22751 of 2009 AWADHESH MAHTO @ AWADHESH MEHTA @ AWADHESH MAHTA, son of Bachche Lal Mehta, resident of village- Bela Baiju, Police Station-Patahi, District- East Champaran … Petitioner Versus STATE OF BIHAR … OP ----------- 3/ 17.09.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 366-A/34 of the Indian Penal Code. Taking into consideration the fact that the girl herself has stated that she had, in fact, married the petitioner and she had not been kidnapped and even though there was a dispute about the age which was later on resolved to be between 18-20 years, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Patahi P.S. case no.12 of 2009, 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. Learned Magistrate is directed to immediately commence with the commitment proceeding and once case is received by the trial court, the trial court in view of statement of the girl, in question, under section 164 Cr.P.C. will consider whether any offence whatsoever is made out against the accused person and pass appropriate orders thereupon. JA/- (Anjana Prakash, J.)