IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12092 of 2010 1. MAYA DEVI @ SATYA BHAMA DEVI,w/o Gyanchand Ram 2. Gyanchand Ram @ Gyanchandra Ram,s/o Rajbali Ram. 3. Sonu Ram @ Sonu Kumar,s/o Gyanchand Ram. All resident of village-Dakshin Tola, Dumraon,P.S.-Dumraon,District-Buxar. .. .. Petitioners Versus THE STATE OF BIHAR.. Opp.Party ----------- For the Petitioners :Mr.B.J.Ojha, Advocate For the State :Mr.R.B.Ray `Raman’,Addl.P.P. ----------- 02/ 03-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 366A of the Indian Penal Code, the petitioners are alleged to have kidnapped Puja Kumari, married daughter of the informant. It is submitted by the learned counsel for the petitioners that aforesaid alleged victim Puja Kumari was having love affairs with petitioner no.3-Sonu Ram @ Sonu Kumar and subsequently they solemnized their marriage and are living like wife and husband. By referring to Annexure-3, it is submitted that the alleged victim Puja Kumari is carrying pregnency because of marriage with petitioner no.3. Petitioners no.1 and 2 are the mother and father respectively of petitioner no.3 and the present FIR has been lodged after long delay of 7-8 months. Taking into consideration the aforesaid circumstances that petitioners no.1 and 2 are parents of the main accused (petitioner no.3), in the event of arrest/surrender within a period of four weeks from today in Dumraon P.S.Case No.127/2009, the above named petitioners 2 no.1 and 2 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. However, so far petitioner no.3-Sonu Ram @ Sonu Kumar is concerned, he appears to be the main accused, and till date statement of the alleged victim girl has not been recorded either under Section 161 Cr.P.C. or under Section 164 Cr.P.C. Therefore, the assertions made on behalf of petitioner no.3 cannot be verified. In that view of the matter, the prayer for anticipatory bail made on behalf of petitioner no.3 is rejected. He must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. In view of the assertions made by petitioner no.3 that the alleged victim Puja Kumari is living with him as his wife, liberty is granted to him to produce the alleged victim girl in the court below. On proper verification/identification, the statement of the victim girl will be recorded by the learned Magistrate and if he is satisfied about voluntary marriage between petitioner no.3 and the victim girl, then he may consider the prayer for bail made on behalf of petitioner no.3 favourably. AH/ ( Birendra Prasad Verma, J.)