IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16745 of 2010 Dahichan Singh, Son of Late Faltan Singh, resident of Village- Gawas, P.S. Beldaur, District-Khagaria --- Petitioner Versus THE STATE OF BIHAR ----------- 02 25-05-2010 Heard Sri Shivendra Kumar Sinha, learned counsel appearing on behalf of the petitioner and Sri Jitendra Kumar Singh, learned Addl. Public Prosecutor appearing on behalf of the State. The petitioner, apprehending his arrest in connection with Beldaur P.S. Case No.17 of 2010, registered under Sections 363 and 366(A) of the Indian Penal Code, has prayed for grant of anticipatory bail. Short fact of the case is that the present case was registered on the basis of fardbeyan of one Randhir Singh, wherein it was disclosed that her sister aged about 14 years had not returned from her school on 10.3.2010. It was alleged in the F.I.R. that on 11.3.2010 and 12.3.2010, while the informant was in search of his sister, he received telephonic call from this petitioner, whereby the petitioner intimated the informant that his sister was in his custody and he was threatened that if any complaint was lodged, his sister would be killed. On the basis of aforesaid fardbeyan, an F.I.R. vide Beldaur P.S. Case No. 17 of 2010 was registered for the offences under Sections 363 and 366 A of the Indian Penal Code. During the investigation, the victim girl was recovered by the police and thereafter she was produced before the learned Magistrate , where her statement under Section 2 164 Cr.P.C. was recorded. Sri Shivendra Kumar Sinha,learned counsel for the petitioner ,while pressing this petition, has referred to Annexure- 2 to the petition, which is photo copy of the certified copy of the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure by the learned Magistrate. Sri Sinha, while referring to Annexure-2 to the petition, submits that the victim girl has stated before the learned Magistrate that with her own volition and sweet will she had married with the son of the petitioner and she further stated that she wants to live with Gautam Kumar, who is none else, but the son of this petitioner. Sri Sinha further submits that before the learned Magistrate, the victim girl disclosed her age as 18 years. The learned Magistrate has also assessed her age as 18 years. Be that as it may, in view of the facts and circumstances ,as indicated above , let the petitioner above named be enlarged on bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in Beldaur P.S. Case No.17 of 2010, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure . NKS/- ( Rakesh Kumar, J )