IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2492 of 2010 RAM BABU SAH, s/o Ram Sagar Sah resident of village Turki P.S. Minapur, District Muzaffarpur. Versus STATE OF BIHAR . ----------- 2 26/2/2010 Heard counsel for the petitioner and counsel for the State. Considering the fact that there are ample evidence to show that the petitioner and the daughter of the Informant were intimate and had ran away from their house and got married at Chandigrah, the subsequent change of the heart of daughter of the Informant by itself will not be enough to discredit the case of the petitioner. Her statement u/s 164 of the Cr.P.C., after she had been produced before the Superintendent of Police and gone in the custody of the Informant, would also not inspire that much of confidence so as to deny privilege of anticipatory bail to the petitioner. There is infact no explanation as to why the girl aged about twenty three years had refused to be medically examined if she was really taken away by the petitioner without her consent to Chandigarh by the petitioner and was kept there for more than a month. Documents appended with this application including marriage certificate are primafacie sufficient to show that at one point of time the petitioner and daughter of the informant had shared some close association and only because the father of the petitioner got arrested that the daughter of the Informant was made to appear before the police with a hope that she would give a 2 correct version. Thus her vacillating stand in her statement under Section 164 Cr.P.C. under the influence of the informant can not altogether belie the fact of marriage with the petitioner also living together for a considerable period of time as a man and wife. In that view of the matter, if the petitioner, namely, Ram Babu Sah would surrender within a period of four weeks, he will be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.B. Bharti, J.M. Ist Class, Muzaffarpur in Katra P.S. case No.71 of 2009, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. Abhay Kumar ( Mihir Kumar Jha, J.)