IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25124 of 2008 KAMALDEO YADAV @ KAMLU YADAV, S/O. Sahdeo Pd. Yadav, R/o. village Mansarpur, P.S. Industrial, District- Bhagalpur. ----- Petitioner. Versus THE STATE OF BIHAR ---- O.P. ----------- 3 16.10.2008 The case is under Section 366A/34 of the I.P.C. Learned counsel for the petitioner submits that the informant states in the F.I.R. that the petitioner along with other accused had kidnapped his daughter Doli Kumari and that subsequently when he (informant) went to the house of the petitioner, petitioner’s mother states that the petitioner had married Doli Kumari the victim. Learned counsel for the petitioner submits that the girl was medically examined by the doctor, who opined the age above 17 and below 19. It is also submitted that the petitioner being a young boy of 25 years was in fact in love with the victim and it was a consented affair and they went together and performed marriage. Affidavits vide Annexure-2 of the petitioner and the victim regarding performance of marriage between them is also referred. Learned counsel further submitted that the 2 witness has stated therein that the petitioner and victim occasionally used to meet secretly. Referring paras-75, 76, 77, 78, 80, 81 and 82 it is also pointed out that witnesses have also stated that there was love affair between the victim and the petitioner. Learned counsel also refers to the statement of victim as recorded under Section 164 Cr.P.C., wherein she had stated that petitioner had taken her to several places but subsequently he brought her to her house and left her there. Mr. N.K. Prasad, the learned Addl.P.P. does not point out any other material against the petitioner. In the facts and circumstances, the petitioner Kamaldeo Yadav @ Kamlu Yadav is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Industrial P.S. Case No.56 of 2007, Mkr. (C.M. Prasad, J.)