IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38352 of 2010 PAWAN KUMAR SON OF LATE SHANKAR CHOUDHARY Versus STATE OF BIHAR ----------- 2. 10.11.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/s.366A of the Indian Penal Code. Considering the statement of the alleged victim recorded u/s.164 Cr.P.C. that she had married the petitioner willingly, let the petitioner above named, who is in custody since 20.5.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Sadar P.S. case No.127 of 2010, subject to the conditions (i) That one of the bailor 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 undertake to furnish information to the Court about any change in 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 2 be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate concerned is directed to commit the case to the court of Sessions immediately, where after the trial court, in seisin of the case, will pass appropriate orders as to whether any offence is made out in view of the statement of the victim u/s.164 Cr.P.C. and the medical report. Narendra/ ( Anjana Prakash, J. )