IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31083 of 2009 PRASHANT KUMAR JAISWAL @ PRASHANT KUMAR, son of Umesh Prasad Jaiswal, resident of village Miskaut Motihari, P.S. Motihari Nagar, District East Champaran Versus STATE OF BIHAR ----------- 3. 12.10.2009 Heard Mr. Ram Balak Mahto, learned Senior counsel for the petitioner and the counsel for the State as also the counsel for the informant. While the role of the petitioner in abduction of an alleged minor girl can be at best of an accomplice, inasmuch as the love story seems to be the background of the whole incident but then considering the fact that the allegation relates and revolves around a minor girl, whose date of birth as per school records is 20.5.1995, this Court on the statement of the counsel for the petitioner that the girl is very much married to the main accused Sanjay and is living with him, would direct for release of the abovenamed petitioner on provisional bail for a period of three months from the date of release during which the petitioner will inform the police of the whereabouts of the victim girl as also Sanjay and lend support in recovery of the victim girl. If 2 the victim girl, on the statement of the petitioner is recovered by the police, presented before the Magistrate and in her statement u/s 164 Cr.P.C. either accepts being married of her own and/or rules out implication of the petitioner in any manner in the alleged occurrence, the petitioner’s provisional bail shall be confirmed but in the event of either the victim girl being not recovered or any direct accusation made by her against the petitioner in her statement u/s 164 Cr.P.C., the provisional bail of the petitioner so granted under the order of this Court shall stand cancelled. It is further made clear that the petitioner irrespective of recovery of the girl or otherwise must surrender on expiry of the aforesaid period of three months, whereafter the court below shall consider for grant of regular bail to the petitioner in the light of aforesaid directions. Subject to the aforementioned conditions, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like 3 Surendra/ amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in Town Motihari P.S.Case No. 174/2009. (Mihir Kumar Jha,J.)