IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16464 of 2011 Rajiv Kumar @ Rajiv @ Bittu @ Bittu Yadav son of Bhola Prasad Yadav Versus The State Of Bihar ----------- 6/ 24.11.2011 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 363-A, 366, 366-A and 120-B of the Indian Penal Code. It has been submitted on behalf of the petitioner that the alleged girl has not been kidnapped, but in fact, is living with the petitioner as his wife and is in the family way. The petitioner submits that he is ready the produce the alleged victim before the court if he is given adequate protection. In view of such, in the event of surrender of the petitioner, named above, within four weeks from the date of receipt of a copy of this order in connection with Korha (Rautara) P.S. Case No.214 of 2010, he shall be released on anticipatory bail provisionally for six weeks to be calculated from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to conditions as laid down under section 438 (2) Cr. P.C., and (i) 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 bailors will undertake to furnish information to the court about any change in the address of the petitioner. 2 During this period, the petitioner shall produce the alleged victim before the Court and the Court concerned shall record her statement and if it is satisfied that the petitioner’s submission before this Court was correct, his provisional bail shall be confirmed subject to the conditions (i) 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 bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail and further the petitioner shall undertake to be represented on the first date after cognizance if the investigation in the case is still pending and in case he fails to do so, his bail bond will be liable to be cancelled (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) 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 and (v) 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. JA/- (Anjana Prakash,J.)