1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29959 of 2009 PANKAJ YADAV & ORS Versus STATE OF BIHAR ----------- 02. 19.04.2010 The petitioners apprehend their arrest in Saharsa Sadar P.S. Case No.296 of 2007 under Section 366A and 379 I.P.C. Learned counsel for the petitioner submits that Suman Kumari who is said to be the victim girl was a major girl and she had voluntarily married Niraj Kumar and a marriage certificate had also been obtained from the Special Marriage Officer, Gogari, Khagaria and thereafter, she was living with him as his wife. Learned counsel draws attention to Annexure-4, order dated 15.12.2008, passed in Cr. Misc. No.43840 of 2008 whereby Niraj Kumar @ Niraj Yadav was allowed anticipatory bail by this Court on the above grounds. Learned counsel further submits that Suman Kumari has been examined under Section 164 Cr.P.C. during investigation and in her statement 2 vide Annexure-3 he has stated that she was in love with the petitioner and she voluntarily married him. Learned counsel also submits that a child has also born out with him. Further submission of learned counsel is that petitioner No.1 Pankaj Yadav is the father of Niraj Kumar, Petitioner No.2 Anita Devi is his mother and petitioner No. 3 Munni Kumari is his sister. Learned counsel submits that the petitioners have been implicated only due to being family members of Niraj Kumar. In the facts and circumstances, in the event of arrest/surrender within three weeks from today, petitioners namely, Pankaj Yadav, Anita Devi and Munni Kumari are admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 296 of 2007 subject to condition laid down under Section 438(II) Cr.P.C. Mkr. (C.M. Prasad, J.)