1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23048 of 2011 Mukesh Kumar @ Mukesh Paswan S/o Kedar Paswan, R/o Village-Hargawan, P.S. Sare. District-Nalanda. --Petitioner Versus The State Of Bihar --Opp.Party For the Petitioner : Mr. Upendra Kumar For the State : Mr. Damodar Pd. Tiwary, APP 8 12.12.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case with allegation of kidnapping of minor daughter of the informant for the purpose of marriage etc. Submission is that petitioner and victim had some soft relationship since before in knowledge of informant and all concerned and the victim is major girl, voluntarily left her house and compelled the petitioner to accompany her, both married with each other. On medical examination also victim has been shown major and in her 2 statement under Section 164 of the Code of Criminal Procedure she has given the statements contrary to the allegations but in favour of the petitioner. Considering the facts and circumstances, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharief, in Sare P.S. Case no.60 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)