IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9599 of 2009 RAJESH KUMAR CHAUDHARY, S/o Sri Arjun Chaudhary Versus The STATE OF BIHAR ----------- 2/ 16.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that no offence at all is made out either the petitioner married her or allure for marriage even having knowledge of petitioner being married any relation was made. Admittedly, no offence is made out but the reason behind giving the consent, as alleged, fully corroborates the willingness and consent also as she was kidnapped and married after threatening. Further, submission of the learned counsel for the petitioner is that it was not the first act of the informant, rather earlier also she performed marriage with Dinesh Mahto, but remained with him only for five years. Thereafter, performed marriage with Ramesh Singh and both of them committed theft of Rs. 5 lakhs. She was arrested in that case also. Further submission of the learned counsel for the petitioner is that she performed third marriage with a compounder, while she was working as a nurse. Considering the facts and circumstances of the case, petitioner’s arrest cannot be justified in this case. In the event of arrest or surrender within one month from today in connection with Mahua P.S. Case No. 32 of 2008, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the 2 satisfaction of C.J.M., Hazipur, Vaishali subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)