IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36633 of 2011 Chandan Kumar Keshri son of Sri Jitu Prasad Keshri, resident of Kund Mohalla, Daltanganj (Palamu), P.S.-Daltanganj, Dist.-Palamu(Jharkhand) Versus The State of Bihar ----------- 2. 8.11.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case registered for the offence punishable under sections 498A and 364/34 of the Indian Penal Code. The informant has alleged in the first information report that his daughter was married to co-accused Aman Keshri on 27.11.2009. She was being subjected to cruelty by her husband and her in-laws for non-fulfillment of demand of dowry. On 8.8.2010 he got information that his daughter was taken to Patna on the pretext of treatment by his son-in-law and she was reported to be missing on 9.8.2010. The accused persons on enquiry failed to give any proper explanation in this regard. It is submitted that the petitioner is not named in the first information report. He is not related either to the husband or to the in-laws of the victim. There is inordinate delay in institution of first information report. In course of investigation materials collected by the police suggests that the victim out of her own free will eloped with some one. The offence under section 364 of the Indian Penal Code is not made out. Since the petitioner is not related to the husband of the victim, he cannot be made accused under section 2 498A of the Indian Penal Code. The only material collected in course of investigation is that the victim Punam Kumari used to talk with the petitioner on phone and she was having affair with him. Considering the aforesaid submissions and the facts and circumstances of the case the petitioner, namely Chandan Kumar Keshri, who is stated to be cousin of the victim having no criminal antecedent, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S.Case No.347 of 2010. Md.S. ( Ashwani Kumar Singh, J.)