IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22318 of 2011 Rakesh Kumar, S/o Shivji Prasad. Versus The State of Bihar ------------- 02. 02.08.2011 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 366A/34 of the Indian Penal Code. Considering that the alleged victim stated that she had gone with the petitioner on her own sweet will and she was opined to be about 16-17 years of age as also the victim in her statement recorded under Section 164 Cr.P.C. stated that she is ready to live with her husband the petitioner, let the petitioner, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below with a period four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Nagarnausa P.S. Case No. 93 of 2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) 2 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. The bailor will also undertake to inform the Court if there is any change in the address of 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. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate is directed to commit the case to the Court of Sessions immediately and thereafter the Trial Court is directed to pass an appropriate order as to whether any offence is made out in the facts of the 164 Cr.P.C. statement and age of the victim. Vikash/- (Anjana Prakash, J.)