IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40011 of 2009 VINAY CHOUDHARY, son of Nago Chaudhary Versus STATE OF BIHAR ----------- 2/ 25.11.2009 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under section 366-A/34 of the Indian Penal Code. Taking into consideration the fact that the victim girl herself has stated in the statement under section 164 Cr.P.C. that she is major and has married the present petitioner on her own volition, let the petitioner above named 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 the Additional Chief Judicial Magistrate, Barh, Patna, in connection with Bakhtiyarpur P.S. case no.108 of 2009, subject to the 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 petitioner, and (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 trial court on receipt of the case will pass necessary orders as to whether any offence is made out against the accused persons in view of the statement of the girl under section 164 Cr.P.C. JA/- (Anjana Prakash, J.)