IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36089 of 2011 Vikki Kumar @ Vikash Singh, son of Murli Singh @ Murlidhar Singh, resident of Dhabol, P.S. Hilsa, Dist. Nalanda. ---------- Petitioner Versus The State of Bihar ---------- Opp. Party ----------- 2 25.10.2011 Heard learned counsel for the parties. The petitioner apprehending his arrest for offence under section 363/366(A)/34 of the Indian Penal Code has a cutout defence that as a matter of fact he had married the alleged victim girl, namely, Manisha Kumari on 3.6.2011 at Delhi and in support of such fact, learned counsel for the petitioner has relied on the marriage certificate issued by the Arya Samaj Vivah Mandir Trust, Jamuna Bazar, Delhi. Learned counsel for the petitioner has also referred to the result of the ossification test of Manisha Kumari dated 1.6.2011 which also support the case of the petitioner that the alleged victim girl was aged more than eighteen years. In this light, when the counsel for the petitioner has also referred to the affidavit of Manisha Kumari not only stating about her being major, above eighteen 2 years, but also entering into marriage with the petitioner, this Court would direct for release of the petitioner, namely, Vikki Kumar @ Vikash Singh on bail if he would surrender within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa, Nalanda in connection with Hilsa P.S. Case No. 131 of 2011, subject to the condition as laid down under Section 438(2) of the Cr.P.C. as also subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. (iv) If at any point of time Manisha Kumari, the alleged wife of the 3 petitioner, complains of any ill-treatment physically or mentally by the petitioner, his bail so granted shall stand cancelled. Subject to the aforementioned conditions, the prayer for anticipatory bail of the petitioner is allowed. Rsh (Mihir Kumar Jha, J.)