IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50137 of 2008 KAMLESH KUMAR GAUTAM @ KAMLESH KUMAR RAO, son of Sri Panchami Ram, Resident of village- Uphrauli, P.S.- Ramgarh, District- Kaimur (Bhabhua) ----- Petitioner Versus THE STATE OF BIHAR ----- Opposite Party ----------- 3 19.1.2009 Heard learned counsel for the petitioner, counsel appearing on behalf of the informant who vehemently opposes this bail and the counsel for the State. Petitioner is an accused in a case under Section 366 A of the Indian Penal Code. In the First Information Report lodged by the father of Rina Devi, it is alleged that she is a minor and she has been kidnapped by the petitioner. At the time of hearing the anticipatory bail application, Rina Devi and her husband petitioner appeared in Court. I spoke to both the petitioner and Rina Devi separately and I am satisfied that both of them are quite happy and are living with each other for more than 18 months. It also appears to me that Rina Devi is quite mature and is quite clear in her mind that she does not want to live with her father and that no force or coercion had been applied to her for the 2 marriage. Rina Devi has also given birth to a baby girl, Nidhi Gautam who is now about 9 to 10 months old and she stated that she wants to return her home and live peacefully. In the circumstances, petitioner Kamlesh Kumar Gautam @ Kamlesh Kumar Rao is directed to be released on anticipatory bail in the event of his arrest or surrender in connection with Kochas P.S. Case No. 28 of 2006 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sasaram, Rohtas subject to the conditions laid down under Section 438(2) Cr.P.C. Sanjay (Sheema Ali Khan, J.)