IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45265 of 2011 Subodh Thakur Versus The State Of Bihar ----------- 02 17.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 16.11.2011 in a case registered under sections 366A, 372, 376, 323, 504 and 120B of the IPC. At the very outset, learned counsel for the petitioner submits that victim girl has already solemnized her marriage with the petitioner by her own sweet will and after the aforesaid marriage victim has become mother of a child and presently, she has been residing with the petitioner but unfortunately, statement of the victim could not be recorded either by the police or by the court. Although learned counsel for the informant opposed the prayer but considering the aforesaid submissions as well as facts and circumstances, petitioner, namely, Subodh Thakur, is directed to be released on provisional bail for a period of two months from the date of receipt of a copy of this order in connection with Sursand P.S. Case No. 26 of 2009 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Pupari district Sitamarhi subject to the condition that petitioner shall produce the victim girl within the above stated period of two months and if victim is produced - 2 - before the Sub divisional Judicial Magistrate, Pupari district Sitamarhi , the Sub divisional Judicial Magistrate, Pupari district Sitamarhi shall record the statement of the victim under section 164 of the Cr.P.C and if the victim supports the factum of marriage by her own sweet will, the Sub divisional Judicial Magistrate, Pupari district Sitamarhi shall confirm the provisional of the petitioner and if the victim does not support the factum of marriage, provisional bail of the petitioner shall not be confirmed by the Sub divisional Judicial Magistrate, Pupari district Sitamarhi. It is made clear that when the victim is brought to the court, the police shall not take any action against the victim and furthermore, it is made clear that if victim states in her statement that she has solemnized her marriage with the petitioner by her own sweet will and in course of her examination, she is found that at the time of alleged occurrence, she was minor, the Sub divisional Judicial Magistrate, Pupari district Sitamarhi shall release the victim in favour of the petitioner, even if she is found minor. Let a copy of this order be sent to the Sub divisional Judicial Magistrate, Pupari district Sitamarhi through FAX at the cost of the petitioner. Shahid ( Hemant Kumar Srivastava, J.)