IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8999 of 2010 Md. Anwar kamal @ md. Anwar, Son of Habibur Rahman, Resident of Mohalla Chhotikajipur, P.S. Laherisarai, District Darbhanga. ------- Petitioner Versus State of Bihar ------ Opposite Party ----------- 2 16.04.2010 Heard Mr. Sanjeet Kumar, learned counsel for the petitioner and counsel for the State. It is the condition imposed in the order dated 5.1.2010 in A.B.P. No. 1412 of 2009, which has been sought to be assailed in this application under Section 482 of the Code of Criminal Procedure. Mr. Sanjeet, learned counsel for the petitioner, would submit that the court below while granting anticipatory bail has imposed a wholly unreasonable restriction and a condition which would frustrate the end of justice. In the considered opinion of this Court, such submission of the learned counsel for the petitioner is wholly misconceived. Here was a case for offence under Section 366A, 363, 365 & 34 of the Indian Penal Code. The petitioner himself took a plea that he had married the alleged minor girl by asserting 2 that she had already attained the majority and such marriage was on her freewill and consent. As a matter of fact, the Court below had also accepted such submission of the petitioners for grant of anticipatory bail to the petitioner by putting a condition that the girl in question should be made to appear in the court and get her statement recorded under Section 164 of the Cr.P.C. To that extent, the order of the court below was wholly justified. Learned counsel for the petitioner, however, has an apprehension that if the petitioner appears with his wife, the alleged victim girl, the court concerned will first take him into custody and send his wife for examination which would frustrate the purpose of the order of anticipatory bail. In the considered opinion of this Court, such apprehension also is misconceived. There is infact in terms of the order of court below no need for the petitioner to appear himself at the time of appearance of the victim girl for recording her statement under Section 164 Cr.P.C. In the event, the wife, the alleged victim lady will appear and get her statement recorded under Section 164 of 3 the Cr.P.C. stating clearly to have married the petitioner voluntarily on her own freewill and consent and she is also found to be major, the prayer for anticipatory bail of the petitioner in terms of the order of the Sessions Judge dated 5.1.2010 would automatically stand disposed of. It is to be noted that the court below has itself recorded in the impugned order that the statement of the victim girl will be taken into account for the purpose of considering release of the petitioner on bail and as such, this Court would clarify that such consideration by the competent court would be made within a period of one week from the date of recording of the statement of the victim girl under Section 164 of the Cr.P.C. and the petitioner surrendering for grant of bail. With the aforementioned observations, this application is disposed of. Let a copy of this order be sent through FAX if the cost for the same is deposited by the petitioner. Rsh (Mihir Kumar Jha, J.)