IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33197 of 2010 RAJ KUMAR Versus STATE OF BIHAR ----------- 2 03.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner, Raj Kumar apprehends his arrest in connection with Hilsa P.S. Case No. 94 of 2010 registered under section 366 (A)of the Indian Penal Code. It is alleged that petitioner took away the informant’s minor sister, namely, Dolly Kumari aged about 14 years for the purpose of marriage. Contention of learned counsel for the petitioner is that the aforesaid Dolly Kumari was in love with the petitioner and she left her home voluntarily and subsequently, she solemnized her marriage with petitioner and at that time, she was major. He also points out that the aforesaid Dolly Kumari filed a petition before Additional Chief Judicial Magistrate, Hilsa for getting her statement recorded u/S 164 of the Cr.P.C. and as a matter of fact, on a account of fear, she is not able to go to the police station or to the concerned court. It appears from the materials available on the record that it is a case of love affair so even if the statement of victim girl has not been recorded as yet, I think it proper to 2 extend the privilege of anticipatory bail to the petitioner. Accordingly, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioner, named above shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with above-mentioned case to the satisfaction of Additional Chief Judicial Magistrate, Hilsa (Nalanda) subject to condition as laid down u/S 438(2) of the Cr.P.C. It is made clear that the petitioner shall produce the victim girl before the concerned I.O. within 30 days from the date he surrenders before the learned court below and if the victim girl is so produced before the concerned I.O. in that event, the concerned I.O. shall take steps for getting the statement of victim girl recorded u/S 164 Cr.P.C. and even if the victim girl is found minor at the time of recording her statement, then also no coercive steps shall be taken against the victim girl and shall be permitted to go alongwith the petitioner. AKV/- ( Hemant Kumar Srivastava,J.)