IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3199 of 2010 OM PRAKASH @ OM PRAKASH JAISWAL, S/o Munnilal Prasad. Versus THE STATE OF BIHAR ----------- 02. 08.02.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363 and 366A/34 of the Indian Penal Code. Taking into consideration the submission of the alleged victim given under Section 164 Cr.P.C. supporting the fact that the petitioner and she were in love with each other and had married out of her own sweet-will, let the petitioner above named who is in custody since 14.11.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikarhana, Motihari in connection with Dhaka P.S. Case No. 138 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the - 2 - petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. The learned Magistrate will immediately commit the case for trial and on seisin of the case the trial court will pass appropriate orders as to whether any offence is made out against the accused persons in view of the statement of alleged victim under Section 164 Cr.P.C. Vikash/- (Anjana Prakash, J.)