IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29122 of 2009 YOGENDRA YADAV @ Muswa, son of late Sita Ram Yadav, resident of village Ganaura Tola Kani, P.S. Marauna, District Supaul Versus STATE OF BIHAR ----------- 3. 8.10.2009 Heard counsel for the petitioner and the counsel for the State. Considering the fact that the wife of the petitioner, namely, Bauki Devi is said to have taken away the victim girl who is still traceless for the last seven years and the said Bauki Devi has already been granted bail by this Court by an order dated 17.12.2008 in Cr.Misc.No. 33868/2008, this Court would grant bail to the petitioner but only provisionally because it is the defence of the petitioner before the court below as also reiterated before this Court that the victim girl was actually not traceless but staying in Delhi with her husband. The petitioner, therefore, being the husband of Bauki Devi will only inform the police of actual place of residence of the victim girl and in the event the victim girl is recovered the provisional bail of the petitioner shall be confirmed and in the event the victim girl is recovered by the 2 police, the liability of the petitioner will be over and his provisional bail shall be confirmed. That being so, this Court would direct for release of the abovenamed petitioner on provisional bail for a period of six months on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C.I, Saharsa in S.T.No.115/2003 arising out of Marauna P.S.Case No. 20/2002. One of the bailors must be a close family relation preferably either of the parents or a son or daughter of the petitioner. The petitioner must surrender after a period of six months and his bail shall either be confirmed or rejected depending on the recovery of the victim girl. (Mihir Kumar Jha,J.) Surendra/