IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2114 of 2010 1. DHANANJAY TIWARI @ Dhananjay Mani Tiwari, son of Yugal Kishore Tiwari 2. Santosh Baitha, son of Paras Baitha Both resident of Bhaishahi, P.S. Bhairoganj, District West Champaran Versus STATE OF BIHAR ----------- 2. 23.2.2010 Heard counsel for the petitioners and the counsel for the State. Counsel for the petitioners submits that during the pendency of this application petitioner no.1 has already been arrested. That being so, the prayer for anticipatory bail of petitioner no.1 has become infructuous and is dismissed accordingly. So far petitioner no.2 is concerned, it has been stated that even if all the allegations made in the F.I.R. are accepted in its entirety, the fact that the victim girl has been found to be 17 to 18 years of age in the opinion of the doctor based on radiological and other observations, by itself would go to show that there was some prior understanding between the victim girl and Suman Mishra and if they had planned to elope together this petitioner no.2 could have hardly played any 2 role therein. The fact that the girl has been recovered and has gone back to her father’s place and that she has also not alleged anything specific against the petitioner would be good enough to allow the prayer for anticipatory bail of petitioner no.2. That being so, if petitioner no.2, Santosh Baitha, surrenders before the court of Addl. Chief Judicial Magistrate, Bagaha (West Champaran) within a period of four weeks from today and satisfies the court below that he has no criminal antecedent, he would be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each in Bagaha P.S.Case No. 365/2009 to his satisfaction, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Mihir Kumar Jha,J.) Surendra/