IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28497 of 2010 VIJALI SAH GOND @ JANARDAN SAH, SON OF LALU SAH Versus STATE OF BIHAR ----------- 2. 24.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366A and 379/34 of the Indian Penal Code. Considering the statement of the alleged victim recorded under Section 164 Cr. P.C. that she had fled away with the petitioner on her own sweet will and had also married him, 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 Additional Chief Judicial Magistrate, Bagaha, Distt. West Champaran, in Bagaha P.S. Case No. 175 of 2010 subject to the following 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. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of 2 misuse. (iii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate will commit the case to the court of Session and the trial court in sesin of the case will consider as to whether any offence is made out against the accused persons in the light of the statement of the victim recorded under Section 164 Cr. P.C. and pass appropriate orders. S.Ali ( Anjana Prakash, J.)