IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2115 of 2009 SANTOSH KUMAR, S/o Baleshwar Pandit, R/o Village Repura, P.S.-Lalganj, Distt. Vaishali at Hajipur. . . . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 4/ 03.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 366(A)/376 of the Penal Code and is alleged to have eloped with the daughter of the complainant and overt act of rape is also alleged against him. It is submitted on behalf of the petitioner that the complaint, on the basis of which present case has been registered, was filed on 16.08.2004 and prior thereto father of the petitioner had filed complaint against the present complainant and his other family members that they have kidnapped the petitioner for the purpose of marriage with the victim of the present case. The complaint filed by the father of the petitioner as Complaint Case No. 2193 of 2004 was filed on 10.08.2004 i.e. about one week earlier to the present complaint in which petitioner is seeking bail. It is further submitted on behalf of the petitioner that as the family members of the petitioner were on inimical terms with the present complainant, there was no occasion for the complainant to allow his daughter to go with the petitioner and further that after her recovery was made on 16.08.2004 she was produced before the police for examination under Section 161 of the Code of Criminal Procedure on 06.09.2004 and there is hardly any explanation for the delay caused by the complainant in producing her daughter for examination before the police. Such submission has - 2 - been noted only for being rejected. The complaint having been lodged on 16.08.2004 the same was sent to the police station under letter no. 1170 dated 17.08.2004 but the police case was registered on 05.09.2004 and the victim girl was examined the following day on 06.09.2004 until the police case was registered victim girl already recovered could not have been examined. Accordingly I direct the petitioner to surrender in the court below (Chief Judicial Magistrate, Saran at Chapra )within four weeks from today in connection with Bhagwanpur P.S. case no. 103 of 2004 and apply for regular bail which should be considered in the light of the statement of the victim girl as also the contents of the complaint petition (Annexure-4) in accordance with law and if the court below is fully satisfied about the falsity of the statement of the victim girl in the light of the allegations in the complaint (annexure-4) then the petitioner be allowed the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand) with two sureties of the like amount to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwanpur P.S. case no. 103 of 2004, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Let a copy of this order be communicated to the court below through Fax on payment of usual charges by the petitioner. Uday/ (V. N. Sinha, J.)