IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.21361 OF 2009 1. DADAN UPADHYAY, SON OF LATE RAMDHYAN UPADHAYAY 2. CHANDRAMANI SINGH, SON OF SHOE JEE SINGH 3. NIKI KUMAR SINGH, SON OF MITHILESH SINGH, ALL RESIDENTS OF VILLAGE RAMSAHAR, P.S. BARAHARA, DISTRICT BHOJPUR……………………………………………...PETITIONERS VERSUS THE STATE OF BIHAR……………………..OPPOSITE PARTY ----------- 3. 15.10.2009 Heard learned counsel for the petitioner no.1 and learned counsel for the State. The case is under section 366A of the Indian Penal Code. As the victim-girl had not appeared on the last date, the application of petitioner no.1 Dadan Upadhyay was kept pending and petitioner nos.2 and 3, namely, Chandramani Singh and Niki Kumar Singh, were allowed bail by order dated 7.7.2009. The application of petitioner no.1 was directed to be listed after six months. Today a supplementary affidavit has been filed on behalf of the petitioner enclosing statement of the victim-girl before the Court annexed as Annexure-6 from which it appears that she had admitted that on her own volition she went with the son of petitioner no.1 and married her and also became pregnant. Petitioner no.1 is father of Dinesh Upadhyay with whom the girl admits to have married. - 2 - Considering the said statement of the victim-girl recorded under Section 164 of the Cr.P.C. before the court, the application of petitioner no.1 is allowed. Let petitioner no.1 (Dadan Upadhyay) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Arrah in Koilwar P.S. Case No.21 of 2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)