IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9202 of 2008 RITESH KUMAR @ DABLU Versus STATE OF BIHAR ----------- 3. 11/7/2008 Heard counsel for the petitioner and the State. Informant is the father of Chandni Kumari who is said to be married with the petitioner Ritesh Kumar @ Dablu. The complaint case is that after marriage of Complainant’s daughter, she is not being taken and when she went to her husband’s place, she was tortured for demand of dowry. On the other hand, petitioner’s case is that there is no marriage. He was kidnapped for putting pressure to solemnize marriage and there is no relationship of husband and wife. From the entire materials on record, the admitted fact is that the marriage was solemnized in between the petitioner and the daughter of the complainant, but it was without parent’s and family member’s consent. Petitioner has also solemnized his second marriage and his second wife is living with him, in spite of that the daughter of the complainant is ready to go and live with her husband. Counsel for the petitioner submits that the petitioner has no objection, if she comes and start living at his place. Considering this fact, prayer for grant of anticipatory bail on behalf of the petitioner Ritesh Kumar @ Dablu is allowed in connection with Rajgir P.S. Case No. 34 of 2007 on the - 2 - condition that he as well as Chandni Kumari will appear before Chief Judicial Magistrate, Nalanda, on 21st July, 2008 and from there the petitioner will bring his wife Chandni Kumari to his place. In case, this condition is fulfilled, the Chief Judicial Magistrate, Nalanda, will grant anticipatory bail to the petitioner Ritesh Kumar @ Dablu on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each in connection with Rajgir P.S. Case No. 34 of 2007 to his satisfaction subject to the condition as laid down under Section 438 (2) of the Cr.P.C. So far safety and security of Chandni Kumari is concerned, the Chief Judicial Magistrate, Nalanda, will also ask for an undertaking on behalf of the petitioner before accepting his bail bond. In case, Chandni Kumari refuses to accompany the petitioner in that case, without fulfilling these conditions, the petitioner should be granted anticipatory bail. S.Ali (Mridula Mishra, J.)