IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11448 of 2009 Wakil Baitha, son of Tahir Baitha, resident of Village- Rasulpur Nista, P.S. Singhwara, District-Darbhanga. ………Petitioner. Versus 1. The State of Bihar. 2. Ram Krishun Sah, son of Late Ram Pd. Sah, Residence of Village-Mohanpur, P.O. Mohanpur, P.S. Singhwara, District- Darbhanga. … Opposite Party. ----------- 6. 02. 04. 2010. Heard Mr. Ram Narayan Mahto, learned counsel appearing on behalf of the petitioner and Mr. Umapati Jha, learned counsel appearing on behalf of the informant as also Mr. Anil Kumar, learned Additional Public Prosecutor for the State. In compliance of the previous order dated 30. 03. 2010, the petitioner as also the alleged victim girl Meena Kumari are physically present in the Court and have been duly identified by their lawyers. Even learned counsel for the informant has not disputed the identity of the victim girl. The petitioner apprehends his arrest in connection with Singhwara P.S. Case No. 105 of 2008, dated 12. 08. 2008, registered under Section 366 A/34 of the Indian Penal Code. According to the prosecution case Meena Kumari, niece of the informant was allegedly kidnapped by the petitioner on 12. 08. 2008 on allurement of marriage. Learned counsel for the petitioner submits that alleged victim girl has changed her religion and has adopted Islam and thereafter, she has solemnised her marriage with the petitioner. In 2 support of marriage of the petitioner and the alleged victim girl, certain documents have been produced before this Court, which are part of the main petition. To a query made by this Court, the alleged victim girl, Meena Kumari, has clearly stated that she is major and has voluntarily solemnised her marriage with the petitioner. The petitioner has also stated before this Court that he has solemnised his marriage with the victim girl and they are living together as husband and wife. The petitioner has given an undertaking before this Court that he will keep the victim girl as his legally wedded wife with all dignity and honour and he would try to provide all sorts of comforts to her. Learned counsel for the informant as also the State, though opposed the prayer for grant of anticipatory bail, but has not disputed the factual aspect of the matter. In that view of the matter, the petitioner, namely, Wakil Baitha, in the event of his arrest/surrender within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga at Laheriasarai, in connection with Singhwara P.S. Case No. 105/08, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and subject to a further condition that petitioner shall keep the victim girl as his legally wedded wife with all dignity and honour. 3 Non-compliance of above condition in future may be construed as misuse of privilege of bail extended to the petitioner and consequences shall follow. m.p. ( Birendra Prasad Verma, J.)